Planning appeal decision
Land at Field Near Lime Kiln Court, Tytherington, South Gloucestershire, BS35 3AB
Planning appeal 3263107 at Land at Field Near Lime Kiln Court, Tytherington, South Gloucestershire, BS35 3AB (South Gloucestershire Council) was allowed in part (a split decision) on 4 October 2021 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.
Without planning permission, the change of use of the land from agricultural use to use as a mixed use Gypsy/Traveller Residential Site and Equestrian Site, with the stationing of 2no. touring caravans; The erection of boundary fencing and gates, the construction of wooden buildings and the laying of hardstanding to facilitate the Gypsy/Traveller Residential Use; Erection of fences and a wooden stable building, and the laying of hardstanding to facilitate the Equestrian Use
- Authority
- South Gloucestershire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- 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
- The effect of the development on the character and appearance of the area
- The effect of the development on highway and pedestrian safety
- Whether the site can be regarded as being in a sustainable location
- The storage and accessibility of household waste
- Whether intentional unauthorised development has occurred
- 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 appellant's personal circumstances, particularly the best interests of his grandson, combined with the lack of a 5-year supply of deliverable Traveller sites, clearly outweighed the Green Belt harm and amounted to very special circumstances justifying a personal permanent permission for the residential use.
The limited Green Belt harm from inappropriateness and loss of openness, together with very limited weight against intentional unauthorised development, was clearly outweighed by moderate weight afforded to the lack of alternative/deliverable sites and significant weight given to the appellant's personal circumstances and the best interests of the child, tipping the balance in favour of a personal permanent permission for the residential use; no such balancing exercise applied to the stable building, which was refused.
What the Inspector cited
- Development plan policies
- Policy CS1Policy CS5Policy CS8Policy CS9Policy CS21Policy CS34Policy PSP1Policy PSP2Policy PSP7Policy PSP10Policy PSP11
- National Planning Policy Framework
- Paragraph 137Paragraph 138Paragraph 147
- Judgments
- Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466
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 authority’s record since 2016 · every decision in 2021
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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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