Planning appeal decision
Land North West of Hillview, Southend Arterial Road, Wickford, SS12 9JD
Without planning permission, the material change in use of the Land for the stationing of caravans for residential occupation
- Authority
- Basildon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Fagan N
Main issues, as the Inspector framed them
- Whether the material change of use would be inappropriate development in the Green Belt
- The development's effect on the openness of the Green Belt
- The need for gypsy/traveller sites/pitches in Basildon
- Intentional Unauthorised Development?
- The personal circumstances of the site occupiers
- The effect of the development on sensitive coastal habitats
- The Green Belt balance – if the development is inappropriate, whether the harm to the Green Belt by way of such inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the 'very special circumstances' (VSCs) necessary to justify the development
What decided it
The pressing unmet need for gypsy/traveller pitches combined with the occupiers' personal circumstances and lack of alternative sites clearly outweighed the limited Green Belt harm, amounting to very special circumstances.
The pressing need for gypsy/traveller pitches, the lack of alternative sites and the occupiers' personal circumstances clearly outweighed the definitional Green Belt harm, limited harm to openness and the limited weight attached to intentional unauthorised development, amounting to very special circumstances that justified the development.
Framework references: 11, 57, 110, 115, 142, 143, 153, 155
Plan policies cited: Policy BAS GB1
Judgments cited: Turner v SSCLG & East Dorset District Council [2016]
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.
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