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Planning appeal decision

Quashed On Legal Grounds24 January 20223261204

Mountain View Bastonford, Powick, WORCESTER, WR2 4SL

without planning permission, the unauthorised material change of use of land for the stationing of caravans for residential purposes together with associated amenities, equipment including a day room, and the laying of hardstanding

Authority
Malvern Hills District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Dyer S

Main issues, as the Inspector framed them

  • Whether planning permission should be granted for the continued use of land as Gypsy/Traveller accommodation for one extended family subject to conditions which are necessary and reasonable to allow that continued use

What decided it

The personal circumstances of the appellants and their extended family, particularly the best interests of the children, tipped the planning balance in favour of granting a time-limited permission despite the identified harm.

The substantial harm to views towards the AONB and to the character and appearance of the surrounding area was outweighed by the significant weight attached to unmet Gypsy/Traveller site need, lack of alternative accommodation and the appellants' personal circumstances, justifying a time-limited grant of permission otherwise than in accordance with the development plan.

Plan policies cited: Policy SWDP 1, Policy SWDP 2, Policy SWDP 4, Policy SWDP 17, Policy SWDP 17C, Policy SWDP 21, Policy SWDP 23, Policy SWDP 25, Policy BDP4

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.