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Planning appeal decision

Quashed On Legal Grounds8 March 20243261307

Land East of Newlands Road, Wickford, Essex, SS12 9ER

Use of land for the stationing of caravans for residential purposes with ancillary dayroom and hardstanding

Authority
Basildon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Dignan P

Main issues, as the Inspector framed them

  • Whether Condition 2 is necessary in the interests of the Green Belt and local character
  • The effect of the additional plots on the openness and purposes of the Green Belt
  • The effect of the additional plots on local character and appearance

What decided it

The substantial and cumulative harm to the Green Belt (inappropriateness, loss of openness, encroachment and urban sprawl) and to local character was not clearly outweighed by the unmet need for traveller pitches, personal circumstances, Human Rights considerations or the best interests of children.

The very substantial harm to the Green Belt, local character and the intentional unauthorised nature of the development outweighed the unmet need for traveller pitches, personal circumstances, Human Rights interference and the best interests of children, so permission was refused for most plots; for Plot 3 the need for satisfactory living conditions outweighed the very limited Green Belt harm, so very special circumstances were found to exist and permission was granted.

Framework references: 154

Plan policies cited: Policy BAS GB1, Policy BAS BE12

Judgments cited: Geall v SSE [1998] EWCA Civ 1940

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.