Planning appeal decision
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
- Authority
- Epping Forest District Council
- 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 appliedThe 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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- Dismissed26 October 20266008699Denver Lodge, Waltham Road, Nazeing, EN9 2EB
- Dismissed23 October 20266013055Millers Farm, Epping Road, Roydon, Harlow, CM19 5DD
- Dismissed21 October 20266010759Spains Hall, Spains Hall Road, Willingale, Ongar, CM5 0QE
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.
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