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Notice varied and upheld23 March 20233303085

Land off Micklewood Lane, Penkridge, South Staffordshire, ST19 5SD

Planning appeal 3303085 at Land off Micklewood Lane, Penkridge, South Staffordshire, ST19 5SD (South Staffordshire District Council) was allowed in part (a split decision) on 23 March 2023 by Inspector Dyer S, following a hearing. The main issue, as the Inspector framed it: Whether the change of use to a gypsy and traveller site is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies.

change of use of land to use as residential caravan site for 4 gypsy families, including stationing of 6 caravans, laying of hardstanding and erection of communal amenity building

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Dyer S

Main issues, as the Inspector framed them

  • Whether the change of use to a gypsy and traveller site is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies.
  • The effect of the proposal on the openness of the Green Belt.
  • The effect of the proposal on the character and appearance of the site and the surrounding area and Mansty Wood which is an ancient woodland.
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal.

What decided it

The cumulative weight of the considerations in favour of the appellant did not clearly outweigh the substantial harm to the Green Belt (openness) combined with the significant harm to character and appearance and the moderate weight attached to intentional unauthorised development, so very special circumstances were not established.

The significant/substantial harm to Green Belt openness and to character and appearance, combined with moderate weight against the appeal for intentional unauthorised development, was not clearly outweighed by the significant weight attached to unmet gypsy and traveller need, lack of supply, absence of alternative accommodation and personal circumstances including the best interests of the children; the balance therefore tipped against allowing the appeal.

What the Inspector cited

Development plan policies
Core Policy 2Policy GB1Policy H6Policy EQ1Policy EQ4Policy EQ11Policy EQ12
National Planning Policy Framework
Paragraph 148
Judgments
Lisa Smith v SSLUHC [2022] EWCA Civ 1391

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 South Staffordshire District Council

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

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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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