Planning appeal decision
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.
®