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Planning appeal decision

Notice varied and upheld1 February 20243303143

Land Adjoining Bullo Pill Dock, Bullo Pill, Newnham, Gloucestershire, GL14 1ED

Planning appeal 3303143 at Land Adjoining Bullo Pill Dock, Bullo Pill, Newnham, Gloucestershire, GL14 1ED (Forest of Dean District Council) was allowed in part (a split decision) on 1 February 2024 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the residential use of caravans and associated development should be permitted on ground (a) of section 174(2) of the Town and Country Planning Act 1990.

without planning permission, the material change of use of the land, to a mixed use of residential (static caravans) with associated residential paraphernalia, and the raising of ground levels

Authority
Forest of Dean District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Hand S
Postcode
GL14 1ED

Main issues, as the Inspector framed them

  • Whether the residential use of caravans and associated development should be permitted on ground (a) of section 174(2) of the Town and Country Planning Act 1990
  • Whether the enforcement notice requirements are reasonable and proportionate on grounds (f) and (g)

What decided it

The clear conflict with flood risk policy (NPPF sequential test for highly vulnerable uses in flood zone 3) and heritage asset protection (less than substantial harm to listed structures with no demonstrable public benefits) provided reasons for refusal that were not overridden by the lack of five-year housing land supply.

Although the Council lacks a five-year housing land supply, the clear harm from flood risk and heritage asset impacts provided sufficient reason to refuse the development without triggering the tilted balance in paragraph 11 of the NPPF

What the Inspector cited

Development plan policies
CSP1CSP2CSP4CPS1AP4AP5
National Planning Policy Framework
Paragraph 11

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 applied

The decision letter

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More decisions in Forest of Dean

The authority’s record since 2016 · every decision in 2024

  1. Quashed On Legal Grounds18 February 20263366639
    Silver Fox Cafe, Broadoak, Newnham, Gloucestershire, GL14 1JA
  2. Notice varied and upheld28 January 20263350832
    Hulks Farm Allaston Road, Lydney, GL15 4EX
  3. Notice varied and upheld23 January 20263332782
    Land Adj to Bullo Pill, Bullo Pill , Newnham, GL14 1ED
  4. Notice varied and upheld27 May 20253346535
    Meendhurst Road, Cinderford, GL14 2EG
  5. Planning permission granted9 May 20253352196
    Tan House Laundry Lane, Newland, Coleford, GL16 8NQ

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.