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Planning appeal decision

Notice varied and upheld1 March 20233277616

Site 120B004, Coventry Road, Bulkington, CV12 9LZ

Planning appeal 3277616 at Site 120B004, Coventry Road, Bulkington, CV12 9LZ (Nuneaton and Bedworth Borough Council) was allowed in part (a split decision) on 1 March 2023 by Inspector Dyer S, following a hearing. The main issue, as the Inspector framed it: Whether the change of use to 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 use as a residential caravan site for 3 gypsy families, each with two caravans, including no more than one static caravan/mobile home, together with laying of hardstanding

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Dyer S
Postcode
CV12 9LZ

Main issues, as the Inspector framed them

  • Whether the change of use to 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 development on the character and appearance of the site and the surrounding area
  • 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 proposal

What decided it

The substantial Green Belt harm (from inappropriateness, loss of openness and harm to character/appearance) combined with intentional unauthorised development was not clearly outweighed by the other considerations relied on by the appellant.

The cumulative weight of the considerations in favour (significant weight to lack of alternative accommodation and personal circumstances, moderate weight to need for and supply of gypsy and traveller sites) did not clearly outweigh the substantial harm to the Green Belt combined with harm to character and appearance and intentional unauthorised development, so very special circumstances did not exist.

What the Inspector cited

Development plan policies
Policy DS7Policy BE3Policy DS3Policy H3
National Planning Policy Framework
Paragraph 148
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 Nuneaton and Bedworth

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

  1. Notice upheld14 April 20263375724
    41 Lutterworth Road, Nuneaton, Warwickshire, CV11 4LE
  2. Dismissed9 October 20243339133
    358 (Orchard House) Nuneaton Road, Bulkington , Bedworth, Warwickshire, CV12 9RR
  3. Dismissed23 August 20243337035
    The Grove, School Lane, Exhall, Coventry, Warwickshire, CV7 9GF
  4. Allowed19 January 20233307083
    416 Nuneaton Road, Bulkington, Bedworth, Warwickshire, CV12 9SB
  5. Dismissed8 September 20223295955
    Ashwood Cottage Smorrall Lane, Corley, Coventry, CV7 8AT

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.