New Acres , Benskins Lane (West Side of), Noak Hill, Romford, RM4 1LB

Planning appeal 3265817 at New Acres , Benskins Lane (West Side of), Noak Hill, Romford, RM4 1LB (London Borough of Havering) was allowed in part (a split decision) on 19 December 2022 by Inspector Lewis D, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: RM4 1LB

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

What the Inspector cited

Development plan policies: London Plan Policy G2London Plan Policy H14London Plan Policy G6London Plan Policy G7London Plan Policy SI 12HLP Policy 11HLP Policy 26HLP Policy 27HLP Policy 30HLP Policy 32Core Strategy 2008 Policy DC69 (superseded)
National Planning Policy Framework: Paragraph 149Paragraph 150Paragraph 138
Judgments: 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

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 London Borough of Havering

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

Notice varied and upheld4 August 20263360522
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Dismissed4 August 20263359688
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Planning permission granted29 July 20263367840
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Notice upheld25 June 20263358682
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Split Decision23 June 20263377437
Land Ne Side of Church Road, Noak Hill, Romford, Essex, RM4 1LD

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.