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Allowed16 May 20243336130

Green Orchard Kayte Lane, Bishops Cleeve, Cheltenham, Gloucestershire, GL52 3PD

Planning appeal 3336130 at Green Orchard Kayte Lane, Bishops Cleeve, Cheltenham, Gloucestershire, GL52 3PD (Tewkesbury Borough Council) was allowed on 16 May 2024 by Inspector Edwards J, following a hearing. The main issue, as the Inspector framed it: the effect of the development on openness and on the purposes of Green Belt policy.

change of use of land to use as a residential caravan site for an extended Gypsy/Traveller family with two caravans, including up to 2 static caravans/mobile homes, together with retention of existing hardstanding and dayroom

Authority
Tewkesbury Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Edwards J
Postcode
GL52 3PD

Main issues, as the Inspector framed them

  • the effect of the development on openness and on the purposes of Green Belt policy
  • its effect on the character and appearance of the area
  • whether intentional unauthorised development (IUD) has taken place
  • the development's effect on biodiversity
  • whether the harm by reason 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 it

What decided it

The significant unmet need for Gypsy/Traveller pitches combined with the compelling personal circumstances of the family, including the children's best interests, clearly outweighed the Green Belt and other harm to establish very special circumstances.

The Green Belt harm (inappropriateness, loss of openness, encroachment), harm to character and appearance, limited IUD harm and biodiversity detriment were clearly outweighed by the significant unmet need for pitches, the substantial benefit of the personal circumstances case, and the lack of alternative sites, amounting to very special circumstances justifying the grant of permission.

What the Inspector cited

Development plan policies
JCS policy SD13JCS policy SD6JCS policy SD9JCS policy INF2JCS policy SD5BP policy NAT1BP policy NAT2BP policy GRB4BP policy GTTS1
National Planning Policy Framework
Paragraph 143Paragraph 180

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.

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The decision letter

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

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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.