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Quashed On Legal Grounds24 October 20223261707

Land at Greenacres, Bassetts Lane, Willingale, Ongar, CM5 0QL

Planning appeal 3261707 at Land at Greenacres, Bassetts Lane, Willingale, Ongar, CM5 0QL (Epping Forest District Council) was decided (quashed on legal grounds) on 24 October 2022 by Inspector King T, following a hearing. The main issue, as the Inspector framed it: Whether conditions 1, 3 and 6 of planning permission APP/J1535/C/14/2225844 remain reasonable and necessary having regard primarily to the openness of the Green Belt and the overall character of this rural location.

On 13 June 2017, by way of an appeal to the Planning Inspectorate (under ref APP/J1535/A/14/2225844), planning permission was granted for “a change of use to a mixed use for the purposes of agricultural and a residential caravan site at Greenacres, Silver Lane, Willingale, Essex CM5 0QL in accordance with the terms of the application ref EPF/0657 dated 24 March 2014 and the location plan submitted with it “subject to conditions

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
King T
Postcode
CM5 0QJ

Main issues, as the Inspector framed them

  • Whether conditions 1, 3 and 6 of planning permission APP/J1535/C/14/2225844 remain reasonable and necessary having regard primarily to the openness of the Green Belt and the overall character of this rural location
  • Local unmet need for gypsy & traveller site provision
  • The implications of the development for the Epping Forest Special Area of Conservation (SAC)
  • The site's sustainability in locational terms

What decided it

The significant loss of openness to the Green Belt resulting from the sub-division of the site and breach of the conditions controlling its layout.

Other considerations, including unmet gypsy and traveller need, did not outweigh the harm to the Green Belt's openness caused by the breach of the conditions, so the conditions were upheld and the appeal dismissed.

What the Inspector cited

Development plan policies
Policy GB2APolicy GB7APolicy H10APolicy SP6Policy DM4Policy H4
National Planning Policy Framework
Paragraph 147
Judgments
Burdle v SSE & New Forest DC [1972] 1 WLR 1207; Stone & Stone v SSCLG & Cornwall Council [2014] E.WHC 1456; De Mulder v SSE [1973] 27 P&CR 369; Reed v SSCLG [2014] JPL 725; Barton Park Estates Limited v SSHCLG & Dartmoor National Park Authority [2021] EWHC 1200 (Admin); Hertfordshire County Council v SSCLG & Anor [2012] EWCA Civ 1473; Wavedon Properties Ltd v SSHCLG; Samuel Smith Brewery v North Yorkshire CC

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 Epping Forest District Council

The authority’s record since 2016 · every decision in 2022

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  5. Dismissed21 October 20266010759
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.