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Notice varied and upheld17 January 20233267184

The Land Adjacent to Millers Lane, Fosse Way, Monks Kirby, CV23 0RT

Planning appeal 3267184 at The Land Adjacent to Millers Lane, Fosse Way, Monks Kirby, CV23 0RT (Rugby Borough Council) was allowed in part (a split decision) on 17 January 2023 by Inspector Dyer S, following a hearing. The main issue, as the Inspector framed it: Whether the change of use to a gypsy and traveller site is inappropriate development in the Green Belt having regard to the Planning Policy for Travellers Sites (PPTS), the National Planning Policy Framework (the Framework) and any relevant development plan policies.

change of use of land to use as a residential caravan site for 2 No. Gypsy families, each with 2 No. caravans, together with laying of hardstanding and erection of 2 No. stable/utility buildings

Authority
Rugby Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Dyer S
Postcode
CV23 0RL

Main issues, as the Inspector framed them

  • Whether the change of use to a gypsy and traveller site is inappropriate development in the Green Belt having regard to the Planning Policy for Travellers Sites (PPTS), the National Planning Policy Framework (the Framework) and any relevant development plan policies.
  • The effect of the development on the openness of the Green Belt.
  • The effect of the development on the character and appearance of the site and the surrounding area.
  • Whether the location is suitable for a gypsy and traveller site, having regard to the proximity of services and the suitability of the highway network.
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal.

What decided it

The cumulative other considerations, including gypsy and traveller need and personal circumstances, did not clearly outweigh the substantial harm to the Green Belt combined with harm to character and appearance, intentional unauthorised development and biodiversity loss, so very special circumstances were not established.

the significant weight attached to unmet gypsy and traveller need, lack of a 5-year supply, absence of alternative sites and personal circumstances (including the best interests of the children) did not clearly outweigh the substantial harm to the Green Belt taken together with harm to character and appearance, intentional unauthorised development and biodiversity loss

What the Inspector cited

Development plan policies
Policy GP2Policy DS2Policy SDC1Policy NE1
National Planning Policy Framework
Paragraph 148
Judgments
Lisa Smith v SSLUHC [2022] EWCA Civ 1391

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.

See how each was applied

The decision letter

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More decisions in Rugby

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld14 May 20263377300
    Land Adjacent to White House Farm Industrial Estate, Oxford Road, Princethorpe, Rugby, Warwickshire, CV23 9QD
  2. Dismissed11 May 20266000671
    Bj House, Oxford Road, Ryton-on-Dunsmore, CV8 3EJ
  3. Notice varied and upheld7 May 20263348732
    The Chalet, Hinckley Road, Wolvey, LE10 3HQ
  4. Dismissed27 April 20266001885
    67 London Road, Dunsmore Heath, Stretton on Dunsmore, Warwickshire, CV23 9JB
  5. Notice upheld3 March 20263356878
    The Land at 97 Mckinnell Crescent, Rugby, Warwickshire , CV21 4AU

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.