Land to the Rear of 1 Pleasant View Street, Formerly Known As 2-44 Pleasant View Street, Smithies, Barnsley, S71 1BF

Main issues, as the Inspector framed them

• Whether the development amounts to inappropriate development within the Green Belt, including an assessment of the effect of the development on the openness of the Green Belt
• The effect on the character and appearance of the area
• Whether the appellant/occupants of the caravans fall within the definition of "gypsies and travellers" as set out in Annex 1 of Planning Policy for Traveller Sites (PPTS)
• Whether there is a need for additional gypsy and traveller sites in the area and whether the Council can identify a five year supply of deliverable sites to meet those needs
• The weight that should be afforded to the personal circumstances of the occupants of the caravan, having regard to their Human Rights and the best interests of the child
• If the proposal does amount to inappropriate development within the Green Belt, whether the harm by way of inappropriateness, and any other harm, is outweighed by other material considerations so as to amount to the very special circumstances required to justify a grant of planning permission
• Whether any interference with the Human Rights of the occupants would be proportionate and justified having regard to the circumstances of the case

What decided it

The substantial weight attributed to the harm to the Green Belt and countryside character was not clearly outweighed by the significant weight given to the personal circumstances of the occupants and the best interests of the child.

The substantial harm to the openness of the Green Belt and the limited harm to the character and appearance of the area were not clearly outweighed by the significant weight given to the personal circumstances of the occupants, including the best interests of the child, so very special circumstances were not demonstrated.