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Notice varied and upheld19 July 20213260146

Land East of Shrubs, Studland Avenue, Wickford, Essex, SS12 0JF

Planning appeal 3260146 at Land East of Shrubs, Studland Avenue, Wickford, Essex, SS12 0JF (Basildon District Council) was allowed in part (a split decision) on 19 July 2021 by Inspector Dyer S, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the openness and the purposes of including land within the Green Belt and whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations. If so, would this amount to the very special circumstances required to justify the development, on either a permanent or temporary basis.

siting of two static mobile homes and erection of day room within existing residential area. Appeal

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Dyer S

Main issues, as the Inspector framed them

  • The effect of the development on the openness and the purposes of including land within the Green Belt and whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations. If so, would this amount to the very special circumstances required to justify the development, on either a permanent or temporary basis.

What decided it

The significant harm to the openness of the Green Belt, to which substantial weight applies, was not clearly outweighed by the cumulative other considerations, so very special circumstances did not exist.

The substantial weight given to Green Belt harm, combined with moderate weight against from intentional unauthorised development and loss of trees, was not clearly outweighed by the significant weight in favour of gypsy and traveller need, lack of alternatives, personal circumstances and best interests of the children, so the balance tipped against allowing Appeal C.

What the Inspector cited

Development plan policies
Policy BAS GB1Policy BAS BE12
National Planning Policy Framework
Paragraph 144

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.

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The decision letter

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More decisions in Basildon Borough Council

The authority’s record since 2016 · every decision in 2021

  1. Notice upheld25 September 20263356978
    Bluebell Cottage Fairway, Wickford, SS12 9EU
  2. decided3 September 20266006750
    151 Church Road, Basildon, SS14 1NH
  3. decided3 September 20266006749
    151 Church Road, Basildon, SS14 1NH
  4. Dismissed2 September 20266011137
    17 Jersey Gardens, Wickford, SS11 7AG
  5. Split Decision16 July 20263353645
    Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX

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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