®Planning appeal decision
Stable View, Bowden Lane, Market Harborough, Licestershire, LE16 7UX
change of use of land for siting of 1 mobile home, dayroom, and hardstanding to provide 1 no. Gypsy and Traveller pitch (revised scheme of 22/01238/FUL) part retrospective
- Authority
- Harborough District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- The risk of flooding
- Whether the site is sustainably located and accords with Policy H6(5)(b) of the adopted 2019 Harborough Local Plan 2011-2031
- If planning harm has been caused, whether this is outweighed by other considerations sufficient to justify the grant of planning permission
What decided it
The occupiers would be at unacceptable risk from flooding in Flood Zone 3, which national policy prohibits for highly vulnerable development, and this constitutes a strong reason for refusing development that cannot be outweighed by other material considerations.
The very substantial adverse weight afforded to flood risk and significant weight to locational sustainability concerns outweighed the positive weight given to gypsy and traveller accommodation need, family circumstances, disability considerations, children's welfare, and cultural rights, resulting in dismissal of the appeal.
Framework references: 11, 14, 26, 27, 110
Plan policies cited: Policy H6(5)(b), Policy H6(5)(g)(iv), Policy CC3, Policy GD1
Judgments cited: Smith v SSLUHC & Ors [2022] EWCA
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.