®Planning appeal decision
Smithfield Stables, Moss Lane, Oswaldtwistle, BB1 2FE
the use of land for the stationing of caravans for residential purposes for 3 no. Gypsy pitches, together with the use of the existing stable building as a dayroom ancillary to that use
- Authority
- Hyndburn Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Hockenhull H
Main issues, as the Inspector framed them
- the effect of the proposal on the openness of the Green Belt, and on the purposes of including land within it
- whether the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development, including the need for and supply of Gypsy and Traveller sites and the personal circumstances of the occupiers
What decided it
The significant and persistent unmet need for and lack of a five-year supply of Gypsy and Traveller pitches, combined with the absence of suitable alternative accommodation and the best interests of the children, clearly outweighed the substantial Green Belt harm.
The harm to the Green Belt by reason of inappropriateness, together with harm to openness and encroachment, was clearly outweighed by the totality of other considerations (unmet need, lack of alternative sites, policy failure, personal and health circumstances, and the best interests of the children), establishing very special circumstances and tipping the balance in favour of allowing the appeal.
Framework references: 147, 149, 150
Plan policies cited: Policy BD1, Policy H3, Policy DM15, Policy DM34, Policy SP12
Judgments cited: Moore and Coates v SSCLG [2015] EWHC 44 (Admin); Smith
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.