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Allowed28 November 20233325331

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

Planning appeal 3325331 at Mintola Corral, Batemans Lane, Wythall, Birmingham, B47 6NG (Bromsgrove District Council) was allowed on 28 November 2023 by Inspector Edwards J, following a hearing. The main issue, as the Inspector framed it: the effect of the development on openness and on the purposes of Green Belt policy.

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
Postcode
B47 6NG

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.

What the Inspector cited

Development plan policies
BDP4BDP19BDP11
National Planning Policy Framework
Paragraph 138
Judgments
Lisa Smith v SSLUHC [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.