Plot 7, Land South of Redlands, Hovefields Drive, Wickford, Essex, SS12 9JD

Planning appeal 3264991 at Plot 7, Land South of Redlands, Hovefields Drive, Wickford, Essex, SS12 9JD (Basildon District Council) was dismissed on 23 August 2022 by Inspector Saward K, following an inquiry. The main issue, as the Inspector framed it: whether the intended occupants are gypsies and travellers as defined in Annex 1 of PPTS.

i. Without planning permission, operational development consisting of the importation of hard-core, scalpings and associated material, the levelling of imported material. ii. Without planning permission, operational development consisting of the laying of additional area of hardstanding, creation of roadways, access routes. iii. Without planning permission, operational development consisting of the creation of subdivided plots by way of the erection of fence posts, fence boards and fencing

Authority: Basildon District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: caravan-gypsy · Change of use
Inspector: Saward K
Postcode: SS12 9JD

Main issues, as the Inspector framed them

whether the intended occupants are gypsies and travellers as defined in Annex 1 of PPTS
the effect on Green Belt openness and purposes
whether the harm from inappropriateness and any other harm would be clearly outweighed by other considerations. If so, whether this would amount to the very special circumstances required to justify the developments, on either a permanent or temporary basis

What decided it

The substantial and significant harm to the Green Belt (inappropriateness, loss of openness and conflict with Green Belt purposes), reinforced by the intentional unauthorised nature of the development, was not clearly outweighed by the other considerations relied upon, so very special circumstances were not made out.

the substantial/significant Green Belt harm and significant adverse weight from intentional unauthorised development were not clearly outweighed by the unmet gypsy/traveller and general housing need, policy failure, personal circumstances or equality considerations, so the balance tipped against granting planning permission

What the Inspector cited

Development plan policies: Policy BAS GB1BAS GBA1
National Planning Policy Framework: Paragraph 140Paragraph 74Paragraph 62Paragraph 150Paragraph 138Paragraph 137Paragraph 147Paragraph 148Paragraph 149Paragraph 11Paragraph 59
Judgments: Beg and Others v Luton BC [2017] EWHC 3435 (Admin); Britannia Assets v SSCLG & Medway Council [2011] EWHC 1908 (Admin); Trevelyan v SSETR [2002] EWCA Civ 266; R v Soneji & another [2005] UKHL 49

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.