®Planning appeal decision
The Pines, Green Lane East, Normandy, GU3 2JL
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
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.
Framework references: 137, 148, 11, 15
Plan policies cited: Policy P2, Policy P5, Saved Policy NE4, Saved Policy NRM6, Policy S2(3), Policy H1
Judgments cited: 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
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.