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Quashed On Legal Grounds8 March 20243261307

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

Planning appeal 3261307 at Land East of Newlands Road, Wickford, Essex, SS12 9ER (Basildon District Council) was decided (quashed on legal grounds) on 8 March 2024 by Inspector Dignan P, following an inquiry. The main issue, as the Inspector framed it: Whether Condition 2 is necessary in the interests of the Green Belt and local character.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Dignan P
Postcode
SS12 9ER

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.

What the Inspector cited

Development plan policies
Policy BAS GB1Policy BAS BE12
National Planning Policy Framework
Paragraph 154
Judgments
Geall v SSE [1998] EWCA Civ 1940

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 applied

The decision letter

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More decisions in Basildon Borough Council

The authority’s record since 2016 · every decision in 2024

  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. Split Decision16 July 20263353645
    Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
  5. Notice varied and upheld14 July 20263357480
    The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT

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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