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Planning appeal decision

Notice varied and upheld26 September 20233272875

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

change of use of land to a private gypsy and traveller caravan site consisting of one twin unit mobile home, two single unit mobile homes and associated development

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major dwellings
Inspector
Dyer S

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.

What decided it

The substantial harm to the Green Belt (through inappropriateness and loss of openness) combined with the significant harm to highway safety at the site access was not clearly outweighed by the other considerations advanced, so the very special circumstances needed to justify the development did not exist.

The substantial harm to the Green Belt and to highway safety was not clearly outweighed by the significant weight given to the appellants' personal circumstances and lack of an alternative site, the moderate weight given to site suitability and the best interests of Child D, and the limited/very limited weight given to site supply and Green Belt inevitability considerations, so the appeals were dismissed.

Framework references: 108, 109, 110, 111, 148

Plan policies cited: Policy DM4, Policy H1, Policy H4, Policy T1, Policy SP1

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.