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Notice varied and upheld26 September 20233272873

Land at Rose Farm, Hamlet Hill, Roydon, Essex, CM19 5JU

Planning appeal 3272873 at Land at Rose Farm, Hamlet Hill, Roydon, Essex, CM19 5JU (Epping Forest District Council) was allowed in part (a split decision) on 26 September 2023 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: Whether the use of the land for a gypsy and traveller site is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.

Change of use of land to a private gypsy and traveller caravan site for one family consisting of three caravans (one twin unit mobile home and two touring caravans) and associated development

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Dyer S
Postcode
CM19 5JU

Main issues, as the Inspector framed them

  • Whether the use of the land for a gypsy and traveller site is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
  • The effect of the development on the openness of the Green Belt
  • The effect of the use of the existing access on the safety of users of Hamlet Hill
  • 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 development
  • Whether the change of use to a single dwelling house is inappropriate development in the Green Belt having regard to the Framework, including any relevant effects on the openness of the Green Belt, and any relevant development plan policies

What decided it

The substantial harm to the Green Belt (inappropriateness and loss of openness) combined with the significant/substantial harm to highway safety at the site access was not clearly outweighed by the other considerations advanced, so very special circumstances were not made out.

Substantial Green Belt harm (inappropriateness and openness) and substantial harm to highway safety were weighed against significant weight to personal circumstances/lack of alternative site, moderate weight to site suitability and the best interests of Child D, and limited/very limited weight to site supply and Green Belt inevitability considerations; the harm was not clearly outweighed, so the balance tipped against the development in all three appeals.

What the Inspector cited

Development plan policies
Policy DM4Policy H1Policy H4Policy T1Policy SP1
National Planning Policy Framework
Paragraph 148Paragraph 108Paragraph 109Paragraph 110Paragraph 111
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.

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The decision letter

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More decisions in Epping Forest District Council

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

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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.