®Planning appeal decision
Craigilea Chivers Road, Stondon Massey, BRENTWOOD, CM15 0LJ
Without planning permission: 1) The unauthorised change of use of land from commercial use to residential use (as shown in BLUE on the attached plan) 2) The unauthorised siting of a mobile home for residential use within greenbelt land outside of the curtilage of the main dwelling (as shown on the attached plan marked “A” etched PINK). 3) The unauthorised erection of new buildings within the green belt (as shown on the attached plan marked “A” etched PINK). 4) The unauthorised erection of front boundary walls and gates with associated light fittings (within the area etched in RED on the attached plan). 5) The unauthorised importation and levelling of hardcore and hardstanding materials on greenbelt land (within the area etched in GREEN on the attached plan)
- Authority
- Brentwood Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Fagan N
Main issues, as the Inspector framed them
- The main issue in terms of ground (a) is whether the inappropriate development of the residential caravan site and the associated operational development (the hardstanding, concrete gullies/planting beds, and frontage wall and gates) in the metropolitan Green Belt – acknowledged by the appellant – and any other harm, is clearly outweighed by other considerations that would lead to very special circumstances (VSCs) justifying granting planning permission, as per NPPF paragraphs 152 and 153.
What decided it
The unmet need for and lack of a 5-year supply of gypsy/traveller pitches, combined with the finding that the caravan site use caused less harm to Green Belt openness and character than the lawful fallback commercial storage use, clearly outweighed the harm from inappropriateness so as to establish very special circumstances.
The harm to the Green Belt by reason of inappropriateness and conflict with Policy HP10 a. was clearly outweighed by the unmet need and lack of a 5-year supply of traveller pitches together with the lesser comparative harm against the lawful fallback commercial storage use, establishing very special circumstances that justified granting permission for the use and most of the operational development; the excess hardstanding was not justified and remained enforced against.
Framework references: 152, 153
Plan policies cited: Policy MG02 A., Policy HP10 a., Policy HP10 d., Policy HP10 f., Policy HP10 g., Policy HP07
Judgments cited: Smith v SSHCLG & Ors [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.