®Planning appeal decision
Pecks Tan, Part Parcel 1959, Cursey Lane, Elmstone Hardwicke, Cheltenham, Gloucestershire, GL51 9TF
Planning appeal 3259091 at Pecks Tan, Part Parcel 1959, Cursey Lane, Elmstone Hardwicke, Cheltenham, Gloucestershire, GL51 9TF (Tewkesbury Borough Council) was dismissed on 9 December 2021 by Inspector Cook B, by written representations. The main issue, as the Inspector framed it: The effect of the development on the safety of users, including the site residents, of the highway.
the unauthorised material change of use of land from agriculture to use as a Gypsy/Traveller site including the siting of static caravan, portaloo, laying of hardstanding on the land and accessway and the unauthorised use of the accessway by motor vehicles
- Authority
- Tewkesbury Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Cook B
- Postcode
- GL51 9TF
Main issues, as the Inspector framed them
- The effect of the development on the safety of users, including the site residents, of the highway
- The effect of the development on the character and appearance of the area
- The extent to which the site can be considered to be a sustainable location with regard to access to necessary services and amenities by means other than private vehicle
What decided it
The unsafe access to the site by vehicle, cycle or foot, which cannot be remedied on land within the appellant's control, conflicts with the best interests of the child and the development plan on highway safety grounds, and material considerations do not outweigh this conflict.
The benefits of providing accommodation for the appellant's family and a windfall gypsy/traveller site, together with personal circumstances, were outweighed by the significant conflict with the development plan on highway safety and the conflict with the best interests of the child, as the unsafe access directly undermines the welfare of the resident children.
What the Inspector cited
- Development plan policies
- JCS policy INF1 (1)JCS policy SD13 (2) (ii)JCS policy SD6 (1)JCS policy SD13 (2) (i)JCS policy SD13 (2) (iv)PPTS paragraph 25
- National Planning Policy Framework
- Paragraph 112Paragraph 105Paragraph 48
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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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.