®Planning appeal decision
New Acres , Benskins Lane (West side of), Noak Hill, Romford, RM4 1LB
Change of Use of Land for the creation of a 10 Pitch Gypsy/Traveller site comprising the siting of 1 mobile home, 1 touring caravan, and the erection of 1 utility building per pitch
- Authority
- London Borough of Havering
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Lewis D
Main issues, as the Inspector framed them
- The main issue is whether the harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development.
- Whether the compliance periods of one and two months [in the enforcement notice] are reasonable and proportionate (ground (g)).
What decided it
The very substantial/substantial Green Belt and other harms were not clearly outweighed by the need for traveller pitches and the personal/Article 8 circumstances of residents, so very special circumstances were not established.
the very substantial harm to the Green Belt (inappropriateness and loss of openness), together with harm to character and appearance, biodiversity and drainage, was not clearly outweighed by the shortfall in a five-year supply of deliverable traveller pitches, personal need and the Article 8 rights of residents, so very special circumstances did not exist and permission was refused, both permanently and on a time-limited basis
Framework references: 149, 150, 138
Plan policies cited: London Plan Policy G2, London Plan Policy H14, London Plan Policy G6, London Plan Policy G7, London Plan Policy SI 12, HLP Policy 11, HLP Policy 26, HLP Policy 27, HLP Policy 30, HLP Policy 32, Core Strategy 2008 Policy DC69 (superseded)
Judgments cited: Smith v Secretary of State for Levelling Up, Housing and Communities & Others [2022] EWCA Civ 1391; Bhandal v Secretary of State for Housing, Communities and Local Government & Bromsgrove District Council [2020] EWHC 2724 (Admin); AZ v Secretary of State for Communities and Local Government [2012] EWHC 3660 Admin
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.