®Planning appeal decision
Land Known as Harmony Park, to the North of Stragglethorpe Road, Cotgrave, Nottinghamshire, NG12 2JZ
change of use of land to use as a residential caravan site for one gypsy family, including stationing of two caravans erection of dayroom, laying of hardstanding, construction of new access, and erection of boundary walls
- Authority
- Rushcliffe Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Other minor developments
- Inspector
- Shields T
Main issues, as the Inspector framed them
- Whether the development is inappropriate development in the Green Belt
- the effect on the openness and purposes of the Green Belt
- the effect on the character and appearance of the area
- whether any harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development
What decided it
The family's exceptional personal circumstances, particularly the life-threatening medical condition of one child requiring a stable, adapted home, combined with unmet Gypsy and Traveller pitch need and the lack of a suitable alternative site, amounted to very special circumstances clearly outweighing the Green Belt harm.
The substantial harm from inappropriateness, together with limited harm to openness and Green Belt purposes, was clearly outweighed by the very substantial weight given to the family's personal circumstances, reinforced by unmet pitch need and the absence of a suitable alternative site, amounting to very special circumstances.
Framework references: 149, 150
Plan policies cited: Policy 21, CS Policy 9, CS Policy 10, LP Policy 1, CS Policy 24, CS Policy 25
Judgments cited: Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3
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.