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Planning appeal decision

Planning permission granted25 August 20223264071

Land at Field North and East of Crossing Cottage , East Of Railway Latteridge Road, Iron Acton, BS37 9TL

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

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.

Plan policies cited: CS Policy CS21, CS Policy CS5, CS Policy CS34, PSP Policy PSP7, CS Policy CS1, PSP Policy PSP1, PSP Policy PSP2, CS Policy CS9, PSP Policy PSP20

Judgments cited: Butler v Bath and North East Somerset District Council & Ors [2003] EWCA Civ 1614

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.