Planning appeal decision
Smithfield Stables, Moss Lane, Oswaldtwistle, BB1 2FE
Planning appeal 3258301 at Smithfield Stables, Moss Lane, Oswaldtwistle, BB1 2FE (Hyndburn Borough Council) was allowed on 29 June 2023 by Inspector Hockenhull H, following a hearing. The main issue, as the Inspector framed it: the effect of the proposal on the openness of the Green Belt, and on the purposes of including land within it.
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
- Postcode
- BB1 2FE
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.
What the Inspector cited
- Development plan policies
- Policy BD1Policy H3Policy DM15Policy DM34Policy SP12
- National Planning Policy Framework
- Paragraph 147Paragraph 149Paragraph 150
- Judgments
- Moore and Coates v SSCLG [2015] EWHC 44 (Admin); Smith
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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More decisions in Hyndburn
The authority’s record since 2016 · every decision in 2023
- Notice upheld26 June 20263357117Land at Wood Street, Church, Accrington, BB5 6PF
- Dismissed11 March 20263362404Parkers Farm Cowhill Lane, Rishton, Blackburn, BB1 4AS
- Allowed28 October 20253367069Knuzden Moss Farm Stanhill Road, Oswaldtwistle, Accrington, BB5 3RE
- Dismissed1 May 20243332819Land Adjacent to Blackleach Farm, Blackburn Old Road, Great Harwood, Lancashire, BB6 7UU
- Allowed26 April 20243324072Icconhurst Farm, Green Haworth, Off Willows Lane, Oswaldtwistle, Lancs, BB5 3SL
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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