Planning appeal decision
Land South of Newlands Road , Wickford, Essex, SS12 9ER
Planning appeal 3299441 at Land South of Newlands Road , Wickford, Essex, SS12 9ER (Basildon District Council) was allowed in part (a split decision) on 8 March 2024 by Inspector Dignan P, following an inquiry. The main issue, as the Inspector framed it: whether Condition 2, limiting the number of caravans, is necessary in the interests of the Green Belt and local character.
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
- Postcode
- SS12 9ER
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.
What the Inspector cited
- Development plan policies
- BAS GB1BAS BE12
- National Planning Policy Framework
- Paragraph 154
- Judgments
- Geall v SSE [1998] EWCA Civ 1940
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 appliedThe decision letter
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More decisions in Basildon Borough Council
The authority’s record since 2016 · every decision in 2024
- Notice upheld25 September 20263356978Bluebell Cottage Fairway, Wickford, SS12 9EU
- decided3 September 20266006750151 Church Road, Basildon, SS14 1NH
- decided3 September 20266006749151 Church Road, Basildon, SS14 1NH
- Split Decision16 July 20263353645Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
- Notice varied and upheld14 July 20263357480The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT
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.
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