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Planning appeal decision

Notice varied and upheld1 September 20233299762

Land off Shop Lane , Wingfield , Wiltshire , BA14 9LN

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

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.

Framework references: 147, 148, 149, 150

Plan policies cited: Policy 50, Policy 47, Policy 47(vi), Policy 47(viii)

Judgments cited: Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466

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.