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Planning appeal decision

Dismissed17 October 20233313559

Land Opposite Wild Meadow, Bowden Lane , Welham, Leicestershire, LE16 7UX

change of use of the land for the siting of 1 mobile home to provide 1 No. Gypsy and Traveller pitch

Authority
Harborough District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Hartley D

Main issues, as the Inspector framed them

  • whether occupiers of the site would be at risk of flooding
  • whether the proposal would provide an acceptable choice of means of sustainable transport to services and facilities thereby minimising reliance on the private motor vehicle

What decided it

The very substantial adverse weight afforded to the flood risk harm—highly vulnerable development in Flood Zone 3 where national policy states development should 'not be permitted'—combined with significant harm from unsustainable location and car dependency, outweighed the material considerations in favour of the appeal including the lack of five-year supply and the family's housing and welfare needs.

The very substantial adverse weight of flood risk harm and significant harm from unsustainable location and car dependency outweighed the material considerations in favour including lack of five-year supply of Gypsy/Traveller pitches, absence of alternative pitches, the appellant's status as a Traveller, the family's need for settled accommodation, the children's schooling stability, the wife's disability, and the use of previously developed land, because the appellant could reasonably seek permission on a compliant alternative site elsewhere.

Framework references: 105, 26

Plan policies cited: Policy CC3, Policy H6, Policy GD1

Judgments cited: Smith v SSLUHC & Ors (2022) EWCA

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.