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Planning appeal decision

Planning permission granted22 June 20223270539

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

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

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Fleming D

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.

Framework references: 137, 145, 147, 148, 149, 185, 57

Plan policies cited: Policy GB2A, Policy GB7A, Policy H10A, Policy SP6, Policy DM4, Policy H4, Policy CP2, Policy LL2, Policy LL1, Policy DBE1, Policy DBE4, Policy LL10, Policy DM5, Policy DM9, Policy CP7, Policy T1, Policy D5, Policy DM2, Policy DM22, Policy SP2, Policy SP5, Policy H1

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.