Planning appeal decision
Land at Randalls Farm, Whitesmith, Chiddingly, East Sussex, BN8 6JB
‘Part retrospective application for the change of use of land for the stationing of 5 no. static and 4 no. touring caravans associated with 4 no. gypsy and traveller pitches (4 no. pitches in total) including hardstanding, fencing and package treatment plant.’ Formal
- Authority
- Wealden District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- King T
Main issues, as the Inspector framed them
- whether the Council has a five year land supply for gypsy and traveller purposes, current need, and the availability of alternative accommodation
- the effect of the development on the character and appearance of the surrounding area
- whether the location of the development is acceptable having regard to the Council's spatial policy
- the effect of the development, with the use of the existing access, on highway safety, and whether the proposed new access would be satisfactory in this respect
- the proposal's effects on surface water drainage
What decided it
The unmet need for gypsy and traveller provision, combined with the ability to secure a satisfactory new access and mitigate other harms through conditions, was decisive in allowing Appeal B, while the unresolved substandard existing access was decisive in dismissing Appeal A.
The significant/substantial weight given to the unmet need for gypsy and traveller pitches, together with the prospect of mitigating harm to character, drainage and highway safety through conditions (including a new access and Site Development Scheme), outweighed the identified conflicts with spatial and drainage policy, leading to permission being granted in Appeal B, whereas in Appeal A the unresolved harm from the existing access meant the enforcement notice was upheld.
Plan policies cited: WCS 10, EN27, WCS14, WCS11, WCS11(2), EN1
Judgments cited: Lisa Smith judgement
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.
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