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Quashed On Legal Grounds28 July 20233285140

Land Adjacent to the North of Eversholt Beeches, Watling Street, Caddington, LU6 3QP

Planning appeal 3285140 at Land Adjacent to the North of Eversholt Beeches, Watling Street, Caddington, LU6 3QP (Central Bedfordshire) was decided (quashed on legal grounds) on 28 July 2023 by Inspector Pleasant L, following a hearing. The main issue, as the Inspector framed it: The main issue is whether the harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the caravan site, is clearly outweighed by other considerations to provide the very special circumstances necessary to justify the development.

change of use of land to use as a residential caravan site for two gypsy families with a total of 4 caravans, including one static caravan/mobile home, together with laying of hardstanding and erection of amenity building. Summary

Authority
Central Bedfordshire
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Pleasant L
Postcode
LU6 3QP

Main issues, as the Inspector framed them

  • The main issue is whether the harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the caravan site, is clearly outweighed by other considerations to provide the very special circumstances necessary to justify the development.

What decided it

The combination of unmet need for Gypsy and Traveller sites, lack of suitable alternative accommodation, and the personal circumstances of the occupying families (including the best interests of the children) was found to clearly outweigh the Green Belt harm, establishing very special circumstances.

Substantial Green Belt harm and a small degree of harm from intentional unauthorised development were clearly outweighed by the substantial weight given to unmet need/lack of alternative sites and to the personal circumstances of the occupiers, establishing very special circumstances justifying the development.

What the Inspector cited

Development plan policies
Policy SP4Policy EE7Policy EE5Policy H7Policy HQ1Policy EE3Policy SP8
National Planning Policy Framework
Paragraph 174Paragraph 176Paragraph 62
Judgments
Smith v SSLUHC & Ors [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 Central Bedfordshire

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

  1. Dismissed15 September 20266007334
    Hillcrest, Chalton, Luton, LU4 9UB
  2. Allowed4 September 20266007202
    2 Park Farm, Park Road, Westoning, MK45 5LA
  3. Dismissed7 August 20266007254
    Wheatsheaf Barn, Mount Pleasant, Aspley Guise, MK178JZ
  4. Notice varied and upheld4 August 20263363264
    10 Knolls View, Totternhoe, Dunstable, LU6 2BT
  5. Notice upheld21 July 20263367816
    109 Clophill Road, Maulden, Bedford, Bedfordshire, MK45 2AD

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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