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Planning appeal decision

Notice varied and upheld8 July 20243334117

Woodland Stables , Cock Lane, Hoddesdon, EN11 8LS

the change of use of land to residential, for members of the Gypsy Traveller community. The proposed development to contain 7 Appeal

Authority
Broxbourne Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Freer P

Main issues, as the Inspector framed them

  • whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (Framework), the PPTS and the development plan
  • the effect on the openness of the Green Belt
  • the effect of the development on highway safety
  • if the breach of planning control alleged in the notice is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The difference in scale of Green Belt openness harm between the larger enforced site (substantial harm, including the stables, gym and tarmac) and the smaller Appeal B site (significant harm) determined whether the other considerations (unmet need, lack of alternatives, best interests of children) clearly outweighed the harm to establish very special circumstances.

For Appeal A, the substantial harm from inappropriateness, loss of openness and pedestrian safety was not clearly outweighed by the significant unmet need, lack of alternative sites and the children's best interests, so very special circumstances did not exist and the notice was upheld; for Appeal B, on the smaller site, the same considerations clearly outweighed the reduced (significant) harm, establishing very special circumstances and permission was granted.

Framework references: 148, 152, 154, 155

Plan policies cited: Policy GB1, Policy TM2, Policy GT1, Policy H3, Policy GB2

Judgments cited: Oates v SoCLG and Canterbury [2017] EWHC 2716; Pioneer Aggregates UK v SSE [1985] 1 AC 132; Fordent Holdings Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2844 (Admin); Lisa Smith v SSLUHC [2022] EWCA Civ 1391; Angela Smith v Doncaster MBC [2007] EWHC 1034 (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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.