®Planning appeal decision
LAND ADJACENT TO WINDSOR LODGE, WINDSOR ROAD, BOWERS GIFFORD, BASILDON, SS13 2LH
- Authority
- Basildon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor Dwellings
- Inspector
- Raygen Z
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.
Plan policies cited: Policy GB1
Judgments cited: Smith v SSLUHC & Ors [2022] EWCA (the 2022 judgement)
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.