Planning appeal decision
Land on the south west side of, Broadmead Road, Three Legged Cross, BH21 6RW
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
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
Framework references: 152, 153, 154, 186, 187
Plan policies cited: Policy KS3, Policy ME1, Policy ME2, Policy HE3
Judgments cited: Stevens v SSCLG [2013] EWHC 792 (Admin); Collins v SSCLG [2013] EWCA Civ 1193
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.
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