Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice upheld7 July 20233292588

Land at Whitegate Stables, Coleorton Lane, Packington, Ashby-De-La-Zouch, Leicestershire, LE65 1XJ

described on the application form as: Twelve mobile homes for Gypsy families. Appeal

Authority
North West Leicestershire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Preston C

Main issues, as the Inspector framed them

  • The effect of the development on highway safety
  • Whether the location of the site is suitable for the development, having regard to the accessibility of local shops and services and taking account of available options with regard to modes of travel
  • The effect of the proposal on the character and appearance of the area
  • If any harm does arise in relation to the first three main issues, whether that harm is outweighed by other material considerations to an extent that would warrant the grant of planning permission

What decided it

The absence of highway safety harm combined with the substantial weight given to unmet Gypsy and Traveller need and personal circumstances secured Appeal C, while the lack of an executed s106 agreement covering the enforcement appeal caused Appeal A to be dismissed.

the substantial weight attached to personal circumstances, unmet Gypsy and Traveller need and the lack of alternative sites outweighed the limited, mitigable harm to character and appearance and the limited weight against the appeals from intentional unauthorised development, so the balance favoured allowing Appeal C but not Appeal A, which lacked equivalent s106 mitigation

Framework references: 105, 110, 111

Plan policies cited: Policy S3, Policy H7, Policy IF4, Policy En3, Policy S2, Policy EN1, Policy EN2, Policy IF1

Judgments cited: Smith judgment

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.