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

Planning appeal 3264998 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 · Other Major Developments
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 Inspector concluded that the substantial and significant Green Belt harm, together with the harm from intentional unauthorised development, was not clearly outweighed by the unmet gypsy and traveller need or personal circumstances, so very special circumstances did not exist.

the harm from inappropriateness, loss of openness, encroachment and intentional unauthorised development was not clearly outweighed by the unmet need for gypsy and traveller accommodation, the best interests of the children, equality considerations or the lack of alternative sites, so the appeal on ground (a) failed

What the Inspector cited

Development plan policies: BAS GB1BAS GBA1
National Planning Policy Framework: Paragraph 140Paragraph 150Paragraph 138Paragraph 149Paragraph 74Paragraph 62Paragraph 11Paragraph 137Paragraph 148Paragraph 147Paragraph 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.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

189 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Basildon Borough Council

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

Notice upheld25 September 20263356978
Bluebell Cottage Fairway, Wickford, SS12 9EU
decided3 September 20266006750
151 Church Road, Basildon, SS14 1NH
decided3 September 20266006749
151 Church Road, Basildon, SS14 1NH
Split Decision16 July 20263353645
Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
Notice varied and upheld14 July 20263357480
The 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.