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Planning appeal decision

Quashed On Legal Grounds21 February 20253339881

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

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

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

Framework references: 154, 11

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.