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Planning permission granted19 April 20243296827

Caravan 1 Paddock 1, Bywater Farm Berry Lane, Upton Warren, Bromsgrove, B61 9HD

Planning appeal 3296827 at Caravan 1 Paddock 1, Bywater Farm Berry Lane, Upton Warren, Bromsgrove, B61 9HD (Wychavon District Council) was allowed on 19 April 2024 by Inspector Pleasant L, following a hearing. The main issue, as the Inspector framed it: The issue is whether the day room was erected as a matter of fact.

Without planning permission, the operational development consisting of the erection of a day room approximately edged in blue on the attached plan

Authority
Wychavon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Pleasant L
Postcode
B61 9HD

Main issues, as the Inspector framed them

  • The issue is whether the day room was erected as a matter of fact.
  • The main issue is whether the harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the caravan site, including the day room, is clearly outweighed by other considerations to provide the very special circumstances necessary to justify the development.

What decided it

The combination of unmet gypsy and traveller need, lack of alternative accommodation, Council policy failure and the family's personal circumstances clearly outweighed the identified Green Belt harm, amounting to very special circumstances.

Substantial Green Belt harm from inappropriateness and a small loss of openness was clearly outweighed by the substantial weight attached to unmet gypsy and traveller need, lack of alternative accommodation, Council policy failure, and the family's personal circumstances, together amounting to very special circumstances justifying the development.

What the Inspector cited

Development plan policies
Policy SWDP2Policy SWDP17
Judgments
Smith v SSLUHC & Ors [2022] 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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More decisions in Wychavon

The authority’s record since 2016 · every decision in 2024

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  3. Quashed On Legal Grounds13 April 20263375971
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  4. Allowed23 March 20266001763
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  5. Dismissed27 February 20266001105
    Fanday, Brandheath Lane, New End, Redditch, B96 6NG

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.