Plot 24B Greenfields, Baybrooke Road, Braybrooke, LE16 9LX

Planning appeal 3262337 at Plot 24B Greenfields, Baybrooke Road, Braybrooke, LE16 9LX (Kettering Borough Council *) was dismissed on 18 August 2023 by Inspector Murray J, following a hearing. The main issue, as the Inspector framed it: Whether condition 1 is necessary and reasonable, having regard to: the effect of the development on the character and appearance of the landscape; whether occupiers of the site would have adequate access to services and facilities, having regard to Planning Policy for Traveller Sites; and, if harm is identified, whether that is outweighed by other considerations such as the general need for gypsy and traveller sites, the supply of deliverable sites, the availability of suitable alternative sites, any failure of policy, animal welfare, and the personal needs, circumstances and accommodation options of the appellant and his family, in the context of Human Rights implications, the best interests of the children and the Public Sector Equality Duty.

the change of use of land to use as a residential caravan site for one gypsy family with two caravans, including the laying of hardstanding and erection of an amenity building without complying with condition 1 of planning permission granted on appeal on 13th February 2017 under reference APP/L2820/W/15/3139293.1

Authority: Kettering Borough Council *
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: caravan-gypsy · Minor traveller and caravan pitches
Inspector: Murray J
Postcode: LE16 8LX

Main issues, as the Inspector framed them

Whether condition 1 is necessary and reasonable, having regard to: the effect of the development on the character and appearance of the landscape; whether occupiers of the site would have adequate access to services and facilities, having regard to Planning Policy for Traveller Sites; and, if harm is identified, whether that is outweighed by other considerations such as the general need for gypsy and traveller sites, the supply of deliverable sites, the availability of suitable alternative sites, any failure of policy, animal welfare, and the personal needs, circumstances and accommodation options of the appellant and his family, in the context of Human Rights implications, the best interests of the children and the Public Sector Equality Duty

What decided it

The substantial and unmitigated harm to the character and appearance of a valued rural landscape outweighed the significant weight given to the shortfall in gypsy and traveller site supply and the appellant's personal circumstances.

Substantial weight given to landscape harm and limited weight to poor accessibility outweighed the significant weight attributed to the lack of a five-year supply, policy failure and absence of alternative sites, together with limited weight for personal circumstances, so the balance tipped against the appeal.

What the Inspector cited

Development plan policies: JCS Policy 3JCS Policy 31JCS Policy 31(a)JCS Policy 31(h)
National Planning Policy Framework: Paragraph 174Paragraph 74
Judgments: Lisa Smith v Secretary of State [2022] EWCA Civ 1391; Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Stroud DC v SSCLG & Gladman Developments Ltd [2015] EWHC 448 (Admin); Forest of Dean DC v SSCLG [2016] EWHC 2429 (Admin)

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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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.