®Planning appeal decision
Maleficent Meadows, Baulking Lane, Baulking, SN7 8NR
the change of use of former mineral workings land to a combined pedigree dog and cat breeding facility including the stationing of a temporary dwelling and associated development including, installing a Klargester tank and hardstanding, for use by Traveller family. Summary
- Authority
- Vale of White Horse District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Freer P
Main issues, as the Inspector framed them
- whether the stationing of caravans for residential use is appropriate in this location
- the effect of the development, if any, on the character and appearance of the area
- whether the development would have a harmful effect on ecology, resulting in a net loss of biodiversity
What decided it
The cumulative and unmitigable harm to the valued landscape/setting of the North Wessex Downs National Landscape and to the biodiversity of the adjoining Local Wildlife Site outweighed the benefits and personal circumstances relied upon by the appellant.
The substantial harms to the character and appearance of a valued landscape and National Landscape setting, the significant/substantial harm to the ecology of the LWS, the conflict with the plan-led spatial strategy, and the intentional unauthorised development outweighed the benefits of a settled base, the lack of a demonstrable 5-year supply of Traveller sites, and the personal/Article 8 circumstances of the appellant and his family, such that permanent, part and temporary planning permission were all refused.
Framework references: 8, 11, 17, 33, 84, 187, 189, 193
Plan policies cited: Core Policy 3, Core Policy 4, Core Policy 27, Core Policy 28, Core Policy 37, Core Policy 44, Core Policy 46, Development Policy D1, Development Policy DP6, Policy H2B, Policy H3
Judgments cited: Hunter v SSLUHC and Buckinghamshire [2023] EWHC 1068 (Admin); Chapman v UK 33 EHRR 399; Wychavon DC v SoSCLG and Butler [2008] EWCA Civ692; R on the application of Tracey Holland and Jim Smith v SSCLG and Taunton Deane BC [2009] EWHC 2161 (Admin); Reigate and Banstead Council v SSLUHC (CO/4463/2022); Smith v SSLUHC & Others [2022] EWCA Civ 1391; Angela Smith v Doncaster MBC [2007] EWHC 1034 (Admin); R (oao) East Sussex CC v SSCLG [2009] EWHC 3841 (Admin)
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.