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Planning appeal decision

Planning permission granted2 August 20243336174

Land on the North West Side of Shaw Lane, Carlton, Barnsley, S71 3HG

Planning appeal 3336174 at Land on the North West Side of Shaw Lane, Carlton, Barnsley, S71 3HG (Barnsley Metropolitan Borough Council) was allowed on 2 August 2024 by Inspector Shields T, following a hearing. The main issue, as the Inspector framed it: the effect on the openness of the Green Belt.

Use of the land for the siting of two residential caravans and associated facilities without complying with condition 2 of planning permission 2011/0143

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Shields T
Postcode
S71 3HG

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.

What the Inspector cited

Development plan policies
Policy GB1Policy GT1Policy GD1Policy D1Policy Poll1Policy T4
Judgments
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

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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More decisions in Barnsley

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

  1. Notice varied and upheld12 August 20263364210
    36 Littleworth Lane, Monk Bretton, Barnsley, S71 2JR
  2. Dismissed25 February 20263372438
    81 Swallow Hill Road, Low Barugh, Barnsley, South Yorkshire, S75 1LY
  3. Dismissed22 January 20263370772
    264 Dodworth Road, Barnsley, South Yorkshire, S70 6PN
  4. Dismissed13 January 20263370818
    25 Cloisters Way, Monk Bretton, Barnsley, S71 2JN
  5. Allowed22 December 20253370948
    Land off Goldthorpe Road, Goldthorpe, Rotherham, S63 9DY

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.