Planning appeal decision
Land off Shop Lane , Wingfield , Wiltshire , BA14 9LN
Planning appeal 3299762 at Land off Shop Lane , Wingfield , Wiltshire , BA14 9LN (Wiltshire Council) was allowed in part (a split decision) on 1 September 2023 by Inspector Madge M, following a hearing. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.
a change of use to private Gypsy site for 1 pitch to consist of a mobile home, touring caravan and day room
- Authority
- Wiltshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Madge M
- Postcode
- BA14 9LN
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
- The effect of the proposal on openness of the Green Belt
- The effect of the proposal on biodiversity, in particular the Bath and Bradford on Avon Bat Special Area of Conservation
- The effect of the proposal on the character and appearance of the locality
- Whether any harm by reason of inappropriateness, and any other harms, would be outweighed by other considerations, so as to amount to very special circumstances required to justify the proposal
What decided it
The combined weight of unmet Gypsy and Traveller need, lack of alternative sites, policy failure and the appellant family's personal circumstances (including the best interests of the children) was found to clearly outweigh the identified Green Belt harm, establishing very special circumstances.
The limited harm to the Green Belt from inappropriateness and reduced openness, together with very limited harm from intentional unauthorised development and pedestrian safety concerns, was clearly outweighed by the significant weight given to unmet Gypsy and Traveller need, lack of alternative sites, policy failure, and personal/family circumstances, amounting to very special circumstances justifying the grant of permission.
What the Inspector cited
- Development plan policies
- Policy 50Policy 47Policy 47(vi)Policy 47(viii)
- National Planning Policy Framework
- Paragraph 147Paragraph 148Paragraph 149Paragraph 150
- Judgments
- Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466
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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The authority’s record since 2016 · every decision in 2023
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- Dismissed30 September 20266007352Land to the East of New Road, Melksham, SN12 7QZ
- Notice upheld28 July 20263357040The Banks , Lyneham , Wiltshire, SN15 4NT
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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