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Dismissed18 October 20233320053

Crazy Acres Chase Road, Benwick, March, PE15 0XS

Planning appeal 3320053 at Crazy Acres Chase Road, Benwick, March, PE15 0XS (Fenland District Council) was dismissed on 18 October 2023 by Inspector Gilbert J, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area.

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
Postcode
PE15 0XS

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

What the Inspector cited

Development plan policies
Policy LP2Policy LP5Policy LP14Policy LP15Policy LP16
National Planning Policy Framework
Paragraph 38Paragraph 47Paragraph 55Paragraph 62Paragraph 119Paragraph 159Paragraph 162Paragraph 163Paragraph 164Paragraph 175
Judgments
Smith vs SSLUHC and others [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.

See how each was applied

The decision letter

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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.

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.