Land South West of Fox And Pheasant Farm, Colchester Road, White Colne, Essex, CO6 2PS

change of use of land for the creation of 4no. Gypsy/Traveller pitches, comprising the siting of 1 mobile home, 1 touring caravan and the erection of a utility building per pitch, alongside the erection of a stables building comprising 2no. stable boxes, feed store and tack room

Authority: Braintree District Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: caravan-gypsy · Change of use
Inspector: Price J

Main issues, as the Inspector framed them

the effect of the proposal on the character and appearance of the area
whether there would be adequate means of foul water drainage

What decided it

The significant social benefits of providing settled accommodation for four Gypsy/Traveller families outweighed the limited character/appearance harm and the moderate weight given to the intentional unauthorised development.

The significant social benefits of providing a settled basis for four Gypsy and Traveller families outweighed the moderate harm from intentional unauthorised development, with the proposal found to comply with the development plan as a whole

Framework references: 174, 9, 57

Plan policies cited: Policy SP 7, Policy LPP 47, Policy LPP 52, Policy LLP 67, Policy LPP 1, Policy SP 1, Policy LLP 34, Policy LPP 34, Policy LLP 70, Policy SP 2

Judgments cited: Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Devonhurst Investments Ltd, R (On the Application Of) v Luton Borough Council [2023] EWHC 978 (Admin)

Read the decision letter on the Inspectorate’s site

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
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