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Planning appeal decision

Quashed On Legal Grounds19 December 20223264553

Plot 6, Land at Kirby Glebe Farm, Off Atherstone Road, Hartshill, Nuneaton, CV10 0TB

change of use of land to use as a residential caravan site for 4 No. gypsy families, each with 2 No. caravans, together with laying of hardstanding and erection of 4 No. ancillary amenity buildings

Authority
North Warwickshire Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Dyer S

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the surrounding area and the landscape with particular reference to the cumulative effects of the development of the site together with development on adjacent land.
  • The effect of the development on the safety and convenience of users of the access road, including at the junction with Atherstone Road.

What decided it

The finding that the proposed gypsy and traveller site accorded with the development plan's character/appearance and highway safety criteria, subject to conditions, determined the outcome of Appeal A.

the development was found to accord with the development plan as a whole and there were no other material considerations indicating a different outcome, so the appeal was allowed

Plan policies cited: Policy LP1, Policy LP10, Policy LP29, Policy BE2

Judgments cited: Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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.