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Allowed17 February 20233287182

The Pines, Green Lane East, Normandy, GU3 2JL

Planning appeal 3287182 at The Pines, Green Lane East, Normandy, GU3 2JL (Guildford Borough Council) was allowed on 17 February 2023 by Inspector Pipkin R, following a hearing. The main issue, as the Inspector framed it: Whether the conditions are necessary and reasonable having regard to the effect of the proposal on the openness of the Green Belt and the purposes of including land in the Green Belt.

variation of condition 3 of planning consent 10/P/00507 (approved on appeal on 14/06/2011) for the use of land for stationing of caravans for residential purposes for 1 gypsy pitch, with ancillary utility/day room, to allow permanent occupation of the pitch on the site without complying with conditions attached to planning permission Ref 15/P/02363, dated 5 March 2018

Authority
Guildford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Other minor developments
Inspector
Pipkin R
Postcode
GU3 2JL

Main issues, as the Inspector framed them

  • Whether the conditions are necessary and reasonable having regard to the effect of the proposal on the openness of the Green Belt and the purposes of including land in the Green Belt
  • The effect of the proposed development on the Thames Basin Heaths SPA
  • Whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, and if so, whether this would amount to the very special circumstances required to justify the proposal on a permanent or temporary basis

What decided it

The best interests of the children residing on the sites, combined with the lack of any suitable alternative accommodation in the short term, amounted to very special circumstances sufficient to justify a further temporary (rather than permanent) personal permission.

The substantial Green Belt harm from inappropriate development and moderate loss of openness was not clearly outweighed by other considerations so as to justify permanent, unrestricted occupation, but was clearly outweighed when the best interests of the children and the lack of alternative sites were weighed together, justifying a further temporary personal permission for three years.

What the Inspector cited

Development plan policies
Policy P2Policy P5Saved Policy NE4Saved Policy NRM6Policy S2(3)Policy H1
National Planning Policy Framework
Paragraph 137Paragraph 148Paragraph 11Paragraph 15
Judgments
R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council (Appellant) [2020] UKSC 3; South Cambridgeshire DC v SSCLG & Brown [2008] EWCA Civ 1010; 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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The authority’s record since 2016 · every decision in 2023

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.