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Planning appeal decision

Planning permission granted13 January 20233258547

Land on the East Side of Baulkins Drove, Sutton St James, Spalding, Lincolnshire , PE12 0JX

Planning appeal 3258547 at Land on the East Side of Baulkins Drove, Sutton St James, Spalding, Lincolnshire , PE12 0JX (South Holland District Council) was allowed on 13 January 2023 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: Whether the development is in an acceptable location having regard to flood risk.

Change of use of the land from agricultural use to a caravan site

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the development is in an acceptable location having regard to flood risk
  • If conflict with the development plan is found, whether there are other considerations indicating that planning permission should be granted, including the need for Gypsy and Traveller sites and potentially the personal circumstances of the appellant

What decided it

The site-specific flood risk assessment demonstrating very low residual flood risk due to existing flood defence infrastructure, combined with the unmet need for Gypsy and Traveller sites, outweighed the conflict with the Council's flood risk policies.

Significant weight attached to the unmet need for Gypsy and Traveller sites and the lack of a demonstrable 5-year supply of deliverable pitches outweighed the only very limited adverse weight given to the conflict with flood risk policies, tipping the balance in favour of granting permission.

What the Inspector cited

Development plan policies
Policy 1Policy 2Policy 4Policy 20
National Planning Policy Framework
Paragraph 11Paragraph 159Paragraph 162
Judgments
Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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 applied

The decision letter

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More decisions in South Holland

The authority’s record since 2016 · every decision in 2023

  1. Dismissed5 May 20266003784
    Pavement O/S Boots, 12-14 Hall Place, Spalding, PE11 1SA
  2. Notice varied and upheld11 December 20253329561
    6A North Road, Gedney Hill, Spalding, PE12 0NL
  3. Dismissed5 June 20253361868
    Cilcarn House, 2 Holyrood Close, Donington, Spalding, PE11 4SP
  4. Dismissed27 March 20253331406
    Annex White Cottage, Long Lane, Spalding, Lincolnshire, PE12 0PP
  5. Notice varied and upheld27 November 20243344342
    Poppy Fields Caravan Park, Fields Farm South, Sutton Bridge, Spalding, PE12 9XT

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.