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Planning appeal decision

Notice varied and upheld8 March 20243299441

Land South of Newlands Road , WICKFORD, Essex, SS12 9ER

Use of land for the stationing of caravans for residential purposes with ancillary dayroom and hardstanding

Authority
Basildon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Dignan P

Main issues, as the Inspector framed them

  • whether Condition 2, limiting the number of caravans, is necessary in the interests of the Green Belt and local character
  • whether it is too late to take enforcement action (ground (d))
  • whether the requirements of the notice exceed what is necessary to remedy the breach (ground (f))
  • whether the period for compliance is too short (ground (g))

What decided it

The very substantial Green Belt harm (inappropriateness, loss of openness, encroachment and urban sprawl) was not clearly outweighed by the unmet traveller need, personal circumstances or human rights considerations.

Substantial/very substantial Green Belt and character harm, together with the intentional unauthorised nature of the development, outweighed the significant weight given to unmet gypsy and traveller need, lack of alternative sites, personal circumstances, human rights interference and the best interests of children, resulting in dismissal of the main enforcement appeals; for Plot 3 the need for satisfactory living conditions outweighed the limited Green Belt harm, resulting in that appeal being allowed.

Framework references: 154

Plan policies cited: BAS GB1, BAS BE12

Judgments cited: Geall v SSE [1998] EWCA Civ 1940

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.