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Allowed23 June 20223274284

Kings Field, Moor Road, Banwell, BS29 6ET

Planning appeal 3274284 at Kings Field, Moor Road, Banwell, BS29 6ET (North Somerset Council) was allowed on 23 June 2022 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: whether the Appellant is a ‘traveller’ as defined by the Planning Policy for Traveller Sites: Annex 1 (2015) (PPTS).

creation of 1no. traveller and gypsy caravan pitch together with the formation of hardstanding and the erection of a day room and stables

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Nicholls H
Postcode
BS29 6ET

Main issues, as the Inspector framed them

  • whether the Appellant is a ‘traveller’ as defined by the Planning Policy for Traveller Sites: Annex 1 (2015) (PPTS)
  • whether the location of the site accords with local and national policies with regard to access to facilities and limiting the need to travel by private vehicle
  • the need for pitches for Gypsies and Travellers in the area
  • the effects of the proposal on the character and appearance of the area
  • whether the proposal would be at risk of flooding and if so, whether it could be made safe over its lifetime

What decided it

The absence of a five year deliverable supply of traveller pitches, combined with the family's personal circumstances and the best interests of the children, outweighed the identified harms sufficiently to justify a three year temporary permission rather than dismissal.

The combined harm from unsustainable location, limited landscape harm and flood risk outweighed other considerations on a permanent basis, but the lack of a five year supply of deliverable traveller pitches and the family's personal circumstances outweighed the harms to justify a three year temporary permission instead.

What the Inspector cited

Development plan policies
Policy CS14Policy CS33Policy CS18Policy CS5Policy CS3Policy DM10Policy DM32
Judgments
Wheatcroft Ltd V SSE [1982]

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 applied

The decision letter

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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.

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