®Planning appeal decision
Plot 7, Land South of Redlands, Hovefields Drive, Wickford, Essex, SS12 9JD
Planning appeal 3264996 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.
Material change of use of land to the stationing of caravans for residential occupation (Notice 2)
- Authority
- Basildon District Council
- Appeal type
- major · 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 Green Belt harm (inappropriateness, loss of openness, encroachment) combined with intentional unauthorised development was not clearly outweighed by the unmet gypsy/traveller and general housing need or personal circumstances, so very special circumstances were not established.
The harm to the Green Belt (inappropriateness, loss of openness, encroachment and intentional unauthorised development) was not clearly outweighed by the unmet need for gypsy/traveller and general housing, personal circumstances, or equality considerations, so very special circumstances did not exist.
What the Inspector cited
- Development plan policies
- BAS GB1BAS GBA1
- National Planning Policy Framework
- Paragraph 11Paragraph 59Paragraph 62Paragraph 74Paragraph 137Paragraph 138Paragraph 140Paragraph 147Paragraph 148Paragraph 149Paragraph 150
- 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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Basildon Borough Council
The authority’s record since 2016 · every decision in 2022
- Notice upheld25 September 20263356978Bluebell Cottage Fairway, Wickford, SS12 9EU
- decided3 September 20266006750151 Church Road, Basildon, SS14 1NH
- decided3 September 20266006749151 Church Road, Basildon, SS14 1NH
- Split Decision16 July 20263353645Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
- Notice varied and upheld14 July 20263357480The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT
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.