Town Planner Pro
Search appeal decisions

Planning appeal decision

Planning permission granted16 February 20243262819

Rose Meadow Farm, Prestwood, Stourbridge, South Staffordshire , DY7 5AJ

the use of land for the stationing of caravans for residential purposes for 2 gypsy pitches, together with the formation of additional hard standing and utility/dayrooms ancillary to that use without complying with conditions 2 and 3 attached to planning permission Ref APP/C3430/A/13/2205793, dated 17 August 2015

Authority
South Staffordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Other minor developments
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy
  • The effect of the development on the openness of the Green Belt and the purposes of including land within the Green Belt
  • The effect of the development on the character and appearance of the area
  • The effect of the development on a veteran tree
  • The effect of the development on highway safety
  • The need for Gypsy and Traveller sites
  • The personal circumstances of the appellant
  • The question of intentional unauthorised development
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The substantial and immediate unmet need for Gypsy and Traveller pitches, absence of a five-year supply, and significant weight given to the occupiers' personal circumstances were together found to clearly outweigh the Green Belt harm and great harm to the veteran tree, establishing very special circumstances.

The harm to the Green Belt by reason of inappropriateness, limited openness harm, and great adverse harm to the veteran tree was clearly outweighed by the substantial unmet need for Gypsy and Traveller pitches, lack of five-year site supply, likely future reliance on the Green Belt for pitch allocation, and significant weight given to personal circumstances, amounting to very special circumstances justifying the grant of permission.

Framework references: 142, 143, 152

Plan policies cited: Policy H6, Policy EQ4, Policy EQ11, Policy GB1

Judgments cited: Avon Estates Ltd v the Welsh Ministers & Ceredigion CC [2011] EWCA Civ 553; Lawson Builders Ltd v SSCLG [2015] EWCA Civ 122; Turner v SSCLG & East Dorset Council [2016]; Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Shadwell Estates Ltd. V Breckland DC [2013] EWHC 12 (admin); Sykes v SSHCLG & Runnymede BC [2020] EWHC 112 (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.

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.