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Planning appeal decision

Notice varied and upheld1 March 20233277616

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

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

Authority
Nuneaton and Bedworth Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Dyer S

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.

Framework references: 148

Plan policies cited: Policy DS7, Policy BE3, Policy DS3, Policy H3

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.