®Planning appeal decision
Land Off Eagle Lane, Kelvedon Hatch, Brentwood, Essex, CM15 0DH
the use of land for the stationing of caravans for residential purposes, together with the formation of hardstanding and utility/day room ancillary to that use
- Authority
- Brentwood Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- King T
- Postcode
- CM15 0DH
Main issues, as the Inspector framed them
- Appeal A: Whether the proposal would be inappropriate development in the Green Belt and, if so, the effect on the openness of the Green Belt
- Appeal A: National policy, and the objectives of the development plan in respect of gypsy and traveller accommodation
- Appeal A: Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
- Appeal B: the main issues are largely the same as for Appeal A, but also include the effect on local character and the effect on the living conditions at 'The Spinney', School Road and at nos 33 and 35 Roding Drive
What decided it
the substantial harm to the Green Belt through inappropriateness and loss of openness was not clearly outweighed by the other considerations advanced, so very special circumstances were not demonstrated in either appeal
substantial weight given to Green Belt harm was not clearly outweighed by the significant weight given to unmet gypsy and traveller need and the appellant's personal circumstances, so very special circumstances did not exist and both appeals failed
Framework references: 149, 150, 148, 11
Plan policies cited: Policy MG02, Policy HP08, Policy HP09, Policy HP10, Policy MG01
Judgments cited: R (Tate) v Northumberland County Council [2018] EWCA Civ 1519; Wood v SSCLG [2015] EWCA Civ 195; Lisa Smith v SSLUHC and others [2022] EWCA Civ 1391; 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.