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Planning appeal decision

Notice varied and upheld17 January 20233267184

The land adjacent to Millers Lane, Fosse Way, Monks Kirby, CV23 0RT

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

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

Framework references: 148

Plan policies cited: Policy GP2, Policy DS2, Policy SDC1, Policy NE1

Judgments cited: Lisa Smith v SSLUHC [2022] EWCA Civ 1391

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.