Planning appeal decision
Plot 24B Greenfields, Baybrooke Road, Braybrooke, LE16 9LX
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
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.
Framework references: 174, 74
Plan policies cited: JCS Policy 3, JCS Policy 31, JCS Policy 31(a), JCS Policy 31(h)
Judgments cited: 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)
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.
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