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Quashed On Legal Grounds21 February 20253339881

Land East of 9 North Benfleet Cottages, Harrow Road, Basildon, SS12 9JJ

Planning appeal 3339881 at Land East of 9 North Benfleet Cottages, Harrow Road, Basildon, SS12 9JJ (Basildon District Council) was decided (quashed on legal grounds) on 21 February 2025 by Inspector Franks Z, following an inquiry. The main issue, as the Inspector framed it: The identity and status of the occupiers of the site.

without planning permission, the material change in use of the Land for the storage of caravans

Authority
Basildon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Franks Z
Postcode
SS12 9JJ

Main issues, as the Inspector framed them

  • The identity and status of the occupiers of the site
  • Whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (2024) and any relevant development plan policies
  • The effect of the development on the SPAs and protected and priority species
  • Whether the development was intentionally unauthorised
  • Planning balance (including consideration of paragraph 11 of the Framework)

What decided it

The site's status as previously developed land meaning the development did not cause substantial harm to Green Belt openness, combined with the significant unmet need for gypsy and traveller pitches, outweighed the harm from the development being intentionally unauthorised.

Significant weight given to the intentionally unauthorised nature of the development was outweighed by the great need for and lack of supply of gypsy and traveller pitches, so the presumption in favour of sustainable development applied and permission was granted

What the Inspector cited

National Planning Policy Framework
Paragraph 154Paragraph 11

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 Basildon Borough Council

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld25 September 20263356978
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  4. Split Decision16 July 20263353645
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  5. Notice varied and upheld14 July 20263357480
    The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT

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.