®Planning appeal decision
Crazy Acres Chase Road, Benwick, MARCH, PE15 0XS
stationing of gypsy caravans (six, including two on F/YR09/0699) with ancillary day room, hard standing, gates and fencing
- Authority
- Fenland District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Gilbert J
Main issues, as the Inspector framed them
- The effect of the proposal on the character and appearance of the area
- Whether the site is suitably located with regard to proximity to services
- Whether the proposal would be at risk from flooding
- Whether any harm identified, including conflict with the development plan, would be outweighed by other considerations
What decided it
The failure to demonstrate that the sequential and exception tests for flood risk had been passed, to which substantial weight was given, outweighed the benefits of the proposal.
significant weight to pitch provision, personal circumstances and children's best interests, and limited weight to the lack of alternative sites, did not outweigh moderate weight given to harm to character/appearance and location and substantial weight given to flood risk harm, so the harms outweighed the benefits and the appeal was dismissed
Framework references: 38, 47, 55, 62, 119, 159, 162, 163, 164, 175
Plan policies cited: Policy LP2, Policy LP5, Policy LP14, Policy LP15, Policy LP16
Judgments cited: Smith vs SSLUHC and others [2022] EWCA Civ 1391
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.