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Notice varied and upheld8 July 20243334117

Woodland Stables , Cock Lane, Hoddesdon, EN11 8LS

Planning appeal 3334117 at Woodland Stables , Cock Lane, Hoddesdon, EN11 8LS (Broxbourne Borough Council) was allowed in part (a split decision) on 8 July 2024 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: 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 change of use of land to residential, for members of the Gypsy Traveller community. The proposed development to contain 7 Appeal

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Freer P
Postcode
EN11 8LS

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.

What the Inspector cited

Development plan policies
Policy GB1Policy TM2Policy GT1Policy H3Policy GB2
National Planning Policy Framework
Paragraph 148Paragraph 152Paragraph 154Paragraph 155
Judgments
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)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Broxbourne

The authority’s record since 2016 · every decision in 2024

  1. Allowed12 October 20266008417
    Land to the Rear of 21 to 32 Doverfield, Goffs Oak, Waltham Cross, EN7 5EL
  2. Quashed On Legal Grounds24 September 20263371758
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  3. Quashed On Legal Grounds22 September 20263374736
    8 Great Groves, Goffs Oak, Hertfordshire, EN7 6SX
  4. Notice varied and upheld1 September 20263378144
    Land Adjacent to Darcy's Place, Little Broomfield, Church Lane, Wormley, EN10 7QF
  5. Split Decision3 August 20263367820
    2 Church Lane, Broxbourne, EN10 6JT

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.