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Dismissed17 June 20223264747

Green Meadow, Kayte Lane, Southam, Cheltenham, Gloucestershire, GL52 3PD

Planning appeal 3264747 at Green Meadow, Kayte Lane, Southam, Cheltenham, Gloucestershire, GL52 3PD (Tewkesbury Borough Council) was dismissed on 17 June 2022 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: the effect of the proposal on the openness of the Green Belt and the purposes of including land in the Green Belt.

change of use of land to use as a residential gypsy caravan site including: the stationing of 4 caravans for residential purposes, of which no more than 2 shall be static caravans; retention and extension of hardstanding; retention of existing stable and utility buildings; and boundary fencing

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Nicholls H
Postcode
GL52 3PD

Main issues, as the Inspector framed them

  • the effect of the proposal on the openness of the Green Belt and the purposes of including land in the Green Belt
  • the effect of the proposal on the character and appearance of the area
  • the effect of the proposal on the biodiversity value of the site
  • the effects of the proposal on the living conditions of neighbouring occupiers at Newlands View
  • the weight to be attached to other considerations put forward relating to the need for pitches, availability of alternative sites, and the personal circumstances of the family, including the interests of children
  • whether any harm to the Green Belt by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to provide the very special circumstances necessary to justify the development

What decided it

The substantial Green Belt harm, together with harm to character and appearance and biodiversity, was not clearly outweighed by the personal circumstances and other considerations advanced, so very special circumstances were not made out.

The Green Belt harm and other harms (character and appearance, biodiversity) were not clearly outweighed by the personal circumstances, best interests of the children, and other benefits taken as a collective whole, so very special circumstances were not established.

What the Inspector cited

Development plan policies
Policy SD5Policy SD6Policy SD9Policy SD13Policy SD4Policy SD14Policy GTTS1
National Planning Policy Framework
Paragraph 48Paragraph 137
Judgments
Basildon DC v SoS v R Temple [2004] EWHC 2759 (Admin); Doncaster MBC v SoS ETR [2002] EWHC 808 (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.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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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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