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Planning appeal decision

Quashed On Legal Grounds16 November 20223265750

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

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

Authority
Basildon District Council
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.

Framework references: 137, 138, 147, 57

Plan policies cited: Saved Policy BAS BE12, Policy BAS GB1

Judgments cited: Turner v SSCLG & East Dorset Council [2016]; Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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.