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Allowed14 December 20223266538

Land Adjacent to Windsor Lodge, Windsor Road, Bowers Gifford, Basildon, SS13 2LH

Planning appeal 3266538 at Land Adjacent to Windsor Lodge, Windsor Road, Bowers Gifford, Basildon, SS13 2LH (Basildon District Council) was allowed on 14 December 2022 by Inspector Raygen Z, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the openness of the Green Belt.

Two mobile homes, toilet block and hardstand area

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor Dwellings
Inspector
Raygen Z
Postcode
SS13 2LH

Main issues, as the Inspector framed them

  • the effect of the development on the openness of the Green Belt
  • the effect of the development on the purposes of including land within the Green Belt
  • would the harm by reason of inappropriateness and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The combination of unmet Gypsy and Traveller pitch need, lack of alternative sites, persistent policy failure and the best interests of the children amounted to very special circumstances that clearly outweighed the harm to the Green Belt.

The substantial weight attached to the harm of inappropriateness and minor harm to openness, together with limited weight given to intentional unauthorised development, was clearly outweighed by the very great weight given to unmet need, lack of alternative sites, policy failure and the best interests of the children, amounting to very special circumstances.

What the Inspector cited

Development plan policies
Policy GB1
Judgments
Smith v SSLUHC & Ors [2022] EWCA (the 2022 judgement)

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

  1. Dismissed2 September 20266011137
    17 Jersey Gardens, Wickford, SS11 7AG
  2. Split Decision16 July 20263353645
    Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
  3. Notice varied and upheld14 July 20263357480
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  4. Allowed14 July 20263357389
    The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT
  5. Notice varied and upheld7 July 20263348737
    Land North of Studland Avenue, Wickford, Essex, SS12 0JP

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.