Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed17 October 20233313559

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

Planning appeal 3313559 at Land Opposite Wild Meadow, Bowden Lane , Welham, Leicestershire, LE16 7UX (Harborough District Council) was dismissed on 17 October 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: whether occupiers of the site would be at risk of flooding.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Hartley D
Postcode
LE16 7UX

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.

What the Inspector cited

Development plan policies
Policy CC3Policy H6Policy GD1
National Planning Policy Framework
Paragraph 105Paragraph 26
Judgments
Smith v SSLUHC & Ors (2022) EWCA

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

10 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Harborough

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

  1. Dismissed13 October 20266011211
    Land East of Kilworth Road, Walton, LE17 6JG
  2. Dismissed6 October 20266008843
    The Grange, Arnesby Road, Fleckney, LE8 8AQ
  3. Dismissed2 October 20266009245
    67 Main Street, Bushby, LE7 9PL
  4. Allowed1 October 20266008177
    Land to the West of Leicester Road (B6047), Leicester Road, Market Harborough, LE16 7QT
  5. Dismissed17 September 20266009409
    Godolphin House Stables, Broughton Lane, Leire, LE17 5ER

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.