®Planning appeal decision
Plot 14, Top Park, Barnacle, CV7 9FS
the Retention of 1 Gypsy and Traveller pitch comprising 1 static caravan, 1 touring caravan, 1 timber dog kennel, block paved parking area, gravel pathway, red brick walls and metal gates to front boundary, timber fencing to side and rear boundaries, and vehicular and pedestrian access off Top Park access road. Proposed erection of a brick outbuilding with a tiled roof. Appeal B: APP/E3715/W/23/3328398 Plot 15, Top Park, Top Road, Barnacle CV7 9FS
- Authority
- Rugby Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Sargent J
Main issues, as the Inspector framed them
- whether it is inappropriate development in the Green Belt
- its effect on openness, the purposes of including land in the Green Belt and the character and appearance of the area
- whether a suitable access has been demonstrated
- whether it would give rise to other harms
- if harm would be caused by any or all of the above issues, whether this harm is clearly outweighed by other considerations so as to amount to very special circumstances
What decided it
the failure to demonstrate that each site had a suitable means of access, as the service road and access track lay outside the appeal site boundaries and consent from the relevant owners/highway authority had not been established, which could not be outweighed even where other considerations might otherwise have justified a temporary permission
the substantial Green Belt harm from inappropriateness, loss of openness and harm to character and appearance, combined with the unresolved access issue, was not clearly outweighed by the significant weight given to personal circumstances, unmet need and the best interests of the children, so very special circumstances were not established and the balance tipped against permission
Plan policies cited: Policy DS2, Policy GP2, Policy NE3
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.