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Quashed On Legal Grounds16 November 20223265750

Land West of Hillview, Southend Arterial Road, Wickford, Essex, SS12 9HZ

Planning appeal 3265750 at Land West of Hillview, Southend Arterial Road, Wickford, Essex, SS12 9HZ (Basildon District Council) was decided (quashed on legal grounds) on 16 November 2022 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: Whether the development would be inappropriate development in the Green Belt for the purposes of the Framework and development plan policy.

Without planning permission, the material change in use of the Land for the stationing of caravans for residential occupation

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt for the purposes of the Framework and development plan policy
  • the effect of the development on the openness of the Green Belt
  • the effect of the development on the character and appearance of the area
  • The effect of the development on sensitive coastal habitats
  • the question of the need for gypsy / traveller sites
  • the question of intentional unauthorised development
  • the personal circumstances of the site occupiers
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The significant and immediate unmet need for gypsy and traveller pitches, the Council's inability to demonstrate a five-year supply of deliverable sites, and its long-standing policy failure collectively amounted to very special circumstances clearly outweighing the limited Green Belt harm.

The limited harm to the Green Belt by way of inappropriateness and reduced openness was clearly outweighed by the substantial weight attached to unmet need, absence of a five-year supply and policy failure, together with significant weight given to personal circumstances, amounting to very special circumstances justifying a permanent planning permission.

What the Inspector cited

Development plan policies
Saved Policy BAS BE12Policy BAS GB1
National Planning Policy Framework
Paragraph 137Paragraph 138Paragraph 147Paragraph 57
Judgments
Turner v SSCLG & East Dorset Council [2016]; Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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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More decisions in Basildon Borough Council

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

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  5. Split Decision16 July 20263353645
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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.

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