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Planning appeal decision

Notice varied and upheld25 March 20243282186

Land on the South West Side of, Broadmead Road, Three Legged Cross, BH21 6RW

Planning appeal 3282186 at Land on the South West Side of, Broadmead Road, Three Legged Cross, BH21 6RW (Dorset) was allowed in part (a split decision) on 25 March 2024 by Inspector King T, following an inquiry. The main issue, as the Inspector framed it: whether the development amounts to inappropriate development within the Green Belt, for the purposes of the National Planning Policy Framework.

Without planning permission, in the area edged red on the attached plan, unauthorised development consisting of the change of use of the land for the storage of caravans without planning permission

Authority
Dorset
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
King T
Postcode
BH21 6RW

Main issues, as the Inspector framed them

  • whether the development amounts to inappropriate development within the Green Belt, for the purposes of the National Planning Policy Framework
  • if so, the development's effect on the openness of the Green Belt
  • whether the development has given rise to any other harm, and in particular, the effect on the integrity of the Dorset Heathlands' European sites, and also local character
  • the position in the Dorset Council area regarding the provision and need for gypsy and traveller sites, and policy thereto
  • whether the appellant has demonstrated that very special circumstances exist to outweigh the fundamental policy objection

What decided it

The combined harm to the openness of the Green Belt and the precautionary risk to the integrity of the Dorset Heathlands European sites was not clearly outweighed by the unmet gypsy and traveller need or personal/human rights considerations, so very special circumstances were not established.

the unmet need for gypsy and traveller pitches, personal circumstances and the best interests of the children were outweighed by the harm to the openness of the Green Belt, the risk to the integrity of the Dorset Heathlands and harm to local character, such that very special circumstances did not exist

What the Inspector cited

Development plan policies
Policy KS3Policy ME1Policy ME2Policy HE3
National Planning Policy Framework
Paragraph 152Paragraph 153Paragraph 154Paragraph 186Paragraph 187
Judgments
Stevens v SSCLG [2013] EWHC 792 (Admin); Collins v SSCLG [2013] EWCA Civ 1193

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 Dorset

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

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  3. Dismissed24 August 20266007369
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  4. Dismissed12 August 20266007277
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  5. Dismissed7 August 20266007075
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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.

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