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Planning appeal decision

Notice varied and upheld7 February 20233299803

Warley Street (east side) , Great warley, Brentwood, Essex, CM13 3JZ

change of use of land to use as a residential caravan site for 7 gypsy/traveller families, each with two caravans, including no more than one static caravan/mobile home, laying of hardstanding and erection of 7 No. utility buildings

Authority
Brentwood Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Hand S

Main issues, as the Inspector framed them

  • The impact of the site on the character and appearance of the area and on the openness of the green belt
  • Whether the Council can show an up to date 5 year supply of sites for gypsies and travellers, including the impact of the Lisa Smith judgement
  • Whether there are any alternative sites available
  • The unauthorised nature of the development
  • If necessary, the personal circumstances of the occupants

What decided it

The cumulative substantial Green Belt, openness and countryside harm, compounded by intentional unauthorised development, was not clearly outweighed by the lack of a 5-year gypsy site supply, absence of alternative sites, or the occupiers' personal circumstances.

The substantial harms of inappropriate Green Belt development, loss of openness, harm to countryside character and intentional unauthorised development outweighed the lack of a 5-year supply of gypsy sites, absence of alternatives, and the occupiers' personal circumstances, so very special circumstances did not exist and the balance tipped against the appeal.

Framework references: 174

Plan policies cited: HP10, HP01, HP04

Judgments cited: Lisa Smith v Secretary of State LUPH&C and others [2022] EWCA Civ 1391; Chichester DC v FSS and others [2004] Civ 1248; Doncaster MBC v SSCLG [2016] EWHC 2876 (Admin)

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.