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Quashed On Legal Grounds23 February 20233280851

Paddock Adjacent to Greystones, 213 Down Road, Winterbourne Down, BS36 1AU

Planning appeal 3280851 at Paddock Adjacent to Greystones, 213 Down Road, Winterbourne Down, BS36 1AU (South Gloucestershire Council) was decided (quashed on legal grounds) on 23 February 2023 by Inspector Braithwaite J, following an inquiry. The main issue, as the Inspector framed it: whether the breach of planning control is inappropriate development in the Green Belt.

change of use of land to allow the stationing of two mobile homes for use by a single family alongside two domestic buildings. Appeal

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Braithwaite J
Postcode
BS36 1AU

Main issues, as the Inspector framed them

  • whether the breach of planning control is inappropriate development in the Green Belt
  • whether the harm by reason of inappropriateness, if there is any, is clearly outweighed by other considerations such that very special circumstances exist

What decided it

Mr Jenkins' severe mental health and the family's financial hardship, which he had done nothing to bring upon himself, clearly outweighed the limited Green Belt harm, amounting to very special circumstances.

the limited harm to the Green Belt by reason of inappropriateness was clearly outweighed by other material considerations, particularly Mr Jenkins' mental health and the family's circumstances, such that very special circumstances existed

What the Inspector cited

Development plan policies
Policy CS5
National Planning Policy Framework
Paragraph 149Paragraph 150Paragraph 147

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 South Gloucestershire Council

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

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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.