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Planning appeal decision

Notice varied and upheld9 May 20243279021

Land at Homefield Nursery, Meadgate Road, Nazeing, EN9 2PB

Planning appeal 3279021 at Land at Homefield Nursery, Meadgate Road, Nazeing, EN9 2PB (Epping Forest District Council) was allowed in part (a split decision) on 9 May 2024 by Inspector Fleming D, following an inquiry. The main issue, as the Inspector framed it: Whether the development is inappropriate development for the purposes of the Framework and development plan policy.

Unauthorised use of land as a Gypsy/Romany/Traveller site of 6 pitches (enforcement) and proposed provision of 6 Gypsy/Traveller pitches each with one mobile home and one touring caravan, plus hardstanding and boundary fencing (s78 appeal)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Fleming D
Postcode
EN9 2PB

Main issues, as the Inspector framed them

  • Whether the development is inappropriate development for the purposes of the Framework and development plan policy
  • The effect of the development on the openness of the Green Belt
  • The effect of the development on the character and appearance of the area, having regard to its location within the Lee Valley Regional Park (LVRP)
  • The suitability of the site for a gypsy and traveller site and its effect on the EFSAC
  • If the development is inappropriate, whether the harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The substantial harm from inappropriate Green Belt development and the undemonstrated integrity of the EFSAC were not clearly outweighed by the appellants' personal circumstances and unmet need, so very special circumstances were not established.

the substantial Green Belt harm, significant loss of openness, harm to landscape character, conflict with the development plan as a whole, undemonstrated EFSAC integrity, unmet pitch need factors and intentional unauthorised development were weighed against the substantial weight given to the appellants' compelling personal circumstances and lack of alternative accommodation, and the Inspector concluded the harm was not clearly outweighed, so the appeals failed

What the Inspector cited

Development plan policies
Policy DM4Policy SP5Policy DM3Policy DM1Policy DM5Policy H4Policy DM2Policy SP1Policy SP4Policy SP6
National Planning Policy Framework
Paragraph 154Paragraph 155Paragraph 143
Judgments
Smith v SSLUHC & Ors [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 Epping Forest District Council

The authority’s record since 2016 · every decision in 2024

  1. Dismissed28 October 20266011400
    Larksmead Nursery, St Leonards Road, Nazeing, EN9 2HQ
  2. Allowed27 October 20266008413
    Sparks Farm, Nine Ashes Road, Nine Ashes, CM4 0JZ
  3. Dismissed26 October 20266008699
    Denver Lodge, Waltham Road, Nazeing, EN9 2EB
  4. Dismissed23 October 20266013055
    Millers Farm, Epping Road, Roydon, Harlow, CM19 5DD
  5. Dismissed21 October 20266010759
    Spains Hall, Spains Hall Road, Willingale, Ongar, CM5 0QE

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.