Town Planner Pro
Search appeal decisions

Planning appeal decision

Planning permission granted2 August 20243336174

Land on the North West side of Shaw Lane, CARLTON, Barnsley, S71 3HG

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Shields T

Main issues, as the Inspector framed them

  • the effect on the openness of the Green Belt
  • the effect on the character and appearance of the area
  • the effect on living conditions of local residents with regard to noise
  • highway safety
  • whether any harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

The appellant's terminal illness and personal circumstances, combined with the lack of a five-year supply of deliverable Gypsy and Traveller pitches and absence of an alternative site, clearly outweighed the substantial Green Belt harm to establish very special circumstances.

The substantial harm from inappropriateness and the limited harm to openness of the Green Belt were clearly outweighed by the combined weight of the appellant's personal circumstances and the unmet need/lack of five-year pitch supply, amounting to very special circumstances justifying grant of a personal planning permission.

Plan policies cited: Policy GB1, Policy GT1, Policy GD1, Policy D1, Policy Poll1, Policy T4

Judgments cited: Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3

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.