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Planning appeal decision

Allowed28 November 20233325331

Mintola Corral, Batemans Lane, Wythall, Birmingham, B47 6NG

the use of land for the stationing of caravans for residential purposes and the erection of a dayrooms and laying of hardstanding ancillary to that use

Authority
Bromsgrove District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Edwards J

Main issues, as the Inspector framed them

  • the effect of the development on openness and on the purposes of Green Belt policy
  • its effect on the character and appearance of the area
  • whether the harm by reason of inappropriateness and any other harm would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify it

What decided it

The clearly demonstrated unmet need for Gypsy and Traveller pitches, compounded by the Council's failure to allocate land to meet that need, was found to clearly outweigh the Green Belt and character/appearance harm, establishing very special circumstances.

The harm to the Green Belt (inappropriateness, loss of openness, encroachment) and limited harm to character and appearance were clearly outweighed by the significant benefit of addressing unmet Gypsy and Traveller pitch need, compounded by the Council's failure to allocate sites, amounting to very special circumstances justifying the development.

Framework references: 138

Plan policies cited: BDP4, BDP19, BDP11

Judgments cited: Lisa Smith v SSLUHC [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.

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.