Land North Side of Henley Road, Budbrooke, Warwick, Warwickshire, CV35 0RA

Main issues, as the Inspector framed them

• Whether the use of the land for a gypsy and traveller site is inappropriate development in the Green Belt having regard to the Framework, the PPTS and any relevant development plan policies.
• The effect of the development on the openness of the Green Belt.
• Whether the development provides appropriate living conditions for the occupiers with particular regard to noise arising from traffic using the M40, the management of surface and foul water drainage within the site, and the management of waste within the site.
• The effect of the use of the site on the risk of flooding off site and biodiversity.
• Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development.

What decided it

The unmet need for gypsy and traveller pitches, the absence of alternative sites, and the site's compliance with Policy H8 outweighed the significant harm from motorway noise and moderate harm from intentional unauthorised development.

the significant weight attached to unmet pitch need, compliance with Policy H8, personal circumstances and the presumption in favour of sustainable development outweighed the significant harm to living conditions from M40 noise and the moderate harm from intentional unauthorised development, such that adverse impacts did not significantly and demonstrably outweigh the benefits