Planning appeal decision
LAND NORTH OF BRECON HERON HILL LANE, CULVERSTONE, MEOPHAM, DA13 0DT
Without the benefit of planning permission the material change of use of the Land from vacant land in the Green Belt to a Gypsy and Traveller residential site, the stationing of a touring caravan and vehicles on the Land, installation of water treatment plant and utilities, and the carrying out of engineering operations, including the deposit of hard core materials, to create a site access and hardstanding
- Authority
- Gravesham Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Willows P
Main issues, as the Inspector framed them
- Whether the development is inappropriate within the Green Belt, having regard to the National Planning Policy Framework and any relevant development plan policies
- The effect of the development on the openness of the Green Belt and its purposes
- The effect of the development on local landscape character
- The effect of the development on biodiversity
- Whether the site is suitably located in terms of access to necessary services, facilities and public transport
- If the development is inappropriate, whether any harm to the Green Belt, and any other harm, is clearly outweighed by other considerations, including any need for the development and the personal circumstances of those living at the site, so as to amount to the very special circumstances necessary to justify the development
What decided it
The Council's inability to demonstrate a 5-year supply of Gypsy and Traveller pitches, combined with demonstrable unmet need and the limited harm arising from the development, meant that the adverse impacts did not significantly and demonstrably outweigh the benefits when assessed against the Framework as a whole.
The adverse impacts of limited landscape harm and intentional unauthorised development were outweighed by the significant material consideration of unmet need for Gypsy and Traveller pitches in the Borough and the personal circumstances of the appellant's family, applying the tilted balance under NPPF paragraph 11(d)(ii).
Framework references: 11, 13, 28, 110, 115, 154, 155
Plan policies cited: Policy CS01, Policy CS02, Policy CS12, Policy CS17, Policy CS19
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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