Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed16 May 20243336130

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

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

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.

Framework references: 143, 180

Plan policies cited: JCS policy SD13, JCS policy SD6, JCS policy SD9, JCS policy INF2, JCS policy SD5, BP policy NAT1, BP policy NAT2, BP policy GRB4, BP policy GTTS1

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.