®Planning appeal decision
Plot 7, Land South of Redlands, Hovefields Drive, Wickford, Essex, SS12 9JD
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
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
Framework references: 140, 74, 62, 150, 138, 137, 147, 148, 149, 11, 59
Plan policies cited: Policy BAS GB1, BAS GBA1
Judgments cited: 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
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.