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Planning appeal decision

Notice upheld23 August 20223264998

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 · Other Major Developments
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 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

Framework references: 140, 150, 138, 149, 74, 62, 11, 137, 148, 147, 59

Plan policies cited: 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.