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Planning appeal decision

Quashed On Legal Grounds6 March 20233279663

Baughton View Caravan Site, Baughton, Earls Croome, Worcester , WR8 9DX

Planning appeal 3279663 at Baughton View Caravan Site, Baughton, Earls Croome, Worcester , WR8 9DX (Malvern Hills District Council) was decided (quashed on legal grounds) on 6 March 2023 by Inspector Hand S, following a hearing. The main issue, as the Inspector framed it: The locational sustainability of the site.

6 no. traveller pitches and associated works including 6 mobile homes and touring caravans, acoustic fence, package treatment plant and hard standing

Authority
Malvern Hills District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Hand S
Postcode
WR8 9DX

Main issues, as the Inspector framed them

  • The locational sustainability of the site
  • The situation regarding the 5 year supply of gypsy sites

What decided it

The Council's inability to demonstrate a 5 year supply of gypsy and traveller sites, combined with the site's acceptable accordance with Policy SWDP17, meant PPTS Policy H required permission to be granted.

The shortfall in the 5 year supply of gypsy sites, together with the site's accordance with SWDP17 and resolution of noise, sewerage and flooding concerns, tipped the balance in favour of granting permission for the full 12-pitch site under PPTS Policy H.

What the Inspector cited

Development plan policies
Policy SWDP17
Judgments
Lisa Smith v Secretary of State LUPH&C and others [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.

See how each was applied

The decision letter

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More decisions in Malvern Hills

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

  1. Allowed13 October 20266014393
    The Laurels, Kerswell Green, Worcester, WR5 3PE
  2. Dismissed18 September 20266010196
    Land At (Os 7540 6621), Stourport Road, Great Witley, WR6 6JP
  3. Allowed11 September 20266010973
    Cedars Farm, Broadwas, Worcester, WR6 5NE
  4. Notice varied and upheld20 August 20263376591
    54 Malvern Road, Powick, Worcester, WR2 4RT
  5. Allowed22 May 20266001703
    24 Oakleigh Avenue, Hallow,, Worcester, WR2 6NG

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.