Land adjacent to 1705 Lincoln Road, Peterborough, PE6 7HH

Main issues, as the Inspector framed them

• Appeal B: the provision of and need for and supply of Gypsy and traveller pitches
• Appeal B: the effect of the development on the character and appearance of the area
• Appeal B: the effect on the aims and function of the Green Wedge
• Appeal B: whether the development provides acceptable living conditions for the occupiers of the site, having particular regard to noise
• Appeal B: whether the development makes adequate provision for surface water and foul drainage
• Appeal A: the effect of the development on the character and appearance of the area
• Appeal A: the effect on the aims and function of the Green Wedge
• Appeal A: whether the development provides acceptable living conditions for the occupiers of the site, having regard to noise and privacy
• Appeal A: whether the development makes adequate provision for the surface water and foul drainage
• Appeal A: the effect of the development on biodiversity/ecology

What decided it

The critical distinction was that Appeal B's proposal (with defined layout, drainage and biodiversity mitigation secured by condition) avoided unmitigable harm, whereas the unauthorised development in Appeal A caused harm to landscape character, biodiversity and drainage that could not be resolved within the notice land, and that unmitigated harm outweighed the countervailing need and personal circumstances.

In Appeal B, no conflict with the development plan was found and the significant weight from the lack of a 5-year gypsy/traveller site supply tipped the balance in favour of allowing the appeal; in Appeal A, significant weight given to harm to landscape character, biodiversity and drainage outweighed the need for gypsy/traveller sites, the lack of alternative accommodation and personal circumstances, so the enforcement notice was upheld.