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Planning permission granted22 June 20223270539

Land to the North of Heathlands, Willingale Road, Ongar, Essex, CM4 0LW

Planning appeal 3270539 at Land to the North of Heathlands, Willingale Road, Ongar, Essex, CM4 0LW (Epping Forest District Council) was allowed on 22 June 2022 by Inspector Fleming D, following an inquiry. The main issue, as the Inspector framed it: Whether the appellant group fall within the PPTS definition of gypsies and travellers for planning purposes.

change of use of land for the creation of 9 gypsy/traveller pitches comprising the siting of 1 mobile home, 1 touring caravan and the erection of 1 utility building per pitch

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Fleming D
Postcode
CM4 0LW

Main issues, as the Inspector framed them

  • Whether the appellant group fall within the PPTS definition of gypsies and travellers for planning purposes
  • The effect of the use on the openness of the Green Belt and the purposes of including land within it
  • The effect of the development on the character and appearance of the area
  • Whether the site is in an acceptable location having regard to access to services
  • The effect of the development on the living conditions of the neighbouring occupiers, having regard to noise
  • The need for sites for gypsies and travellers, the provision of sites and the availability of alternative sites
  • Personal circumstances, human rights and the best interests of children
  • Whether the harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The cumulative weight of unmet accommodation need, absence of alternative sites, and the best interests of the 22 children on site clearly outweighed the Green Belt and other harm, amounting to very special circumstances.

Substantial Green Belt harm (inappropriateness plus moderate/significant openness and encroachment harm) and modest harm from intentional unauthorised development were clearly outweighed by modest weight for sustainable location, significant weight for general and personal need/lack of alternatives, and substantial weight for the best interests of the children, resulting in very special circumstances justifying permanent permission.

What the Inspector cited

Development plan policies
Policy GB2APolicy GB7APolicy H10APolicy SP6Policy DM4Policy H4Policy CP2Policy LL2Policy LL1Policy DBE1Policy DBE4Policy LL10Policy DM5Policy DM9Policy CP7Policy T1Policy D5Policy DM2Policy DM22Policy SP2Policy SP5Policy H1
National Planning Policy Framework
Paragraph 137Paragraph 145Paragraph 147Paragraph 148Paragraph 149Paragraph 185Paragraph 57

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 Epping Forest District Council

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

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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.