Planning appeal decision
Land west of Rock Lane, Melling, Merseyside, L31 1EW
Change of use of land to form extended gypsy/traveller caravan site, including the stationing of 12 caravans for residential purposes, of which no more than 8 shall be static caravans/mobile homes, and the laying of additional hardstanding
- Authority
- Sefton Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Major traveller and caravan pitches
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy
- The effect of the development on the openness of the Green Belt and the purposes of including land within the Green Belt
- The effect of the development on the character and appearance of the area
- The effect of the development on the living conditions of the site occupiers
- If the development is inappropriate, whether the harm to the Green Belt by way 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 the development
What decided it
The best interests of the children living on the site, together with the weight attached to the site's existing lawful planning permission for the caravan use, clearly outweighed the substantial weight given to Green Belt harm, establishing the very special circumstances required to justify the inappropriate development.
The substantial weight given to Green Belt harm (inappropriateness and limited loss of openness) was clearly outweighed by the substantial weight given to the best interests of the children and the moderate weight given to the site's existing planning permission, so very special circumstances were found to justify the development.
Framework references: 142, 143, 152
Plan policies cited: Policy HC5, Policy EQ2, Policy MN7
Judgments cited: Turner v SSCLG & East Dorset Council [2016]
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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