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Planning appeal decision

Allowed23 June 20233286256

Land off Colliery Road, Brereton, Rugeley, Staffordshire, WS15 1QR

Authority
Cannock Chase District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Thandi B

Main issues, as the Inspector framed them

  • Whether or not the development is inappropriate development in the Green Belt
  • The effect of the development on the openness of the Green Belt
  • The effect of the development upon the Cannock Chase Area of Outstanding Natural Beauty (AONB)
  • The effect of the development on the Cannock Chase Special Area of Conservation (SAC)
  • Whether or not the development is located within an appropriate location having regard to access to services and facilities
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development

What decided it

The significant weight given to the best interests of the appellant's school-aged children, his expectant daughter and her unborn child, and the substantial weight given to the human rights implications of a roadside existence, were sufficient to outweigh the identified Green Belt and AONB harm and justify a personal permission.

The substantial harm from inappropriate development and loss of openness in the Green Belt, together with significant harm to the AONB, were outweighed by the significant weight attached to the personal circumstances and best interests of the children and unborn child, alongside moderate weight given to unmet gypsy and traveller need and economic benefits, justifying a personal permission.

Framework references: 147, 148, 176, 80, 105

Plan policies cited: Policy CP 14

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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.