Town Planner Pro
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds28 July 20233285140

Land adjacent to the north of Eversholt Beeches, Watling Street, Caddington, LU6 3QP

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

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.

Framework references: 174, 176, 62

Plan policies cited: Policy SP4, Policy EE7, Policy EE5, Policy H7, Policy HQ1, Policy EE3, Policy SP8

Judgments cited: Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.