®Planning appeal decision
Land at Field North and East of Crossing Cottage , East Of Railway Latteridge Road, Iron Acton, BS37 9TL
Planning appeal 3264071 at Land at Field North and East of Crossing Cottage , East Of Railway Latteridge Road, Iron Acton, BS37 9TL (South Gloucestershire Council) was allowed on 25 August 2022 by Inspector Dignan P, following an inquiry. The main issue, as the Inspector framed it: whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, and if so, would this amount to the very special circumstances required to justify the proposal, on either a permanent or temporary basis.
the creation of two traveller pitches & permission to relocate approved stable/tack room block (under pt17/1427/f), two utility/day rooms, parking for personal touring caravans and vehicles and access drive
- Authority
- South Gloucestershire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Dignan P
- Postcode
- BS37 9TL
Main issues, as the Inspector framed them
- whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, and if so, would this amount to the very special circumstances required to justify the proposal, on either a permanent or temporary basis
What decided it
The substantial and unmet need for traveller pitches, the lack of any alternative site, and the personal circumstances of the occupiers (including the best interests of the children) clearly outweighed the Green Belt and other harm, including residual flood risk that could be mitigated by planning conditions.
The definitional harm of inappropriateness, loss of openness, encroachment on the countryside, harm to local character and conflict with flood risk policy, plus adverse weight for intentional unauthorised development, was clearly outweighed by substantial weight given to unmet traveller site need, absence of alternatives, and personal/human rights considerations, amounting to very special circumstances justifying permission.
What the Inspector cited
- Development plan policies
- CS Policy CS21CS Policy CS5CS Policy CS34PSP Policy PSP7CS Policy CS1PSP Policy PSP1PSP Policy PSP2CS Policy CS9PSP Policy PSP20
- Judgments
- Butler v Bath and North East Somerset District Council & Ors [2003] EWCA Civ 1614
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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With an account
What an account adds to this decision
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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.