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Planning appeal decision

Notice varied and upheld1 September 20233299762

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

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.

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The decision letter

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More decisions in Wiltshire

The authority’s record since 2016 · every decision in 2023

  1. Allowed21 October 20266009637
    The Stables, Doctors Hill, Corsham, SN13 8AT
  2. Dismissed21 October 20266009225
    Land at Elms Farm, Elms Cross, BA15 2AL
  3. Allowed30 September 20266007924
    Beehive Cottage, Portway, Salisbury, SP4 6BL
  4. Dismissed30 September 20266007352
    Land to the East of New Road, Melksham, SN12 7QZ
  5. Notice upheld28 July 20263357040
    The 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.

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.