Planning appeal decision
Rose Meadow Farm, Prestwood, Stourbridge, South Staffordshire , DY7 5AJ
Planning appeal 3262819 at Rose Meadow Farm, Prestwood, Stourbridge, South Staffordshire , DY7 5AJ (South Staffordshire District Council) was allowed on 16 February 2024 by Inspector Merrett R, following an inquiry. The main issue, as the Inspector framed it: 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 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
- Postcode
- DY7 5AJ
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.
What the Inspector cited
- Development plan policies
- Policy H6Policy EQ4Policy EQ11Policy GB1
- National Planning Policy Framework
- Paragraph 142Paragraph 143Paragraph 152
- Judgments
- 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)
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 appliedThe 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.
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