Planning appeal decision
The Siding, Oak Farm Lane, Mendlesham, IP14 5TE
‘Change of use of land to enable standing of residential caravans on previously developed land, refurbishment and relocation of existing building to act and ancillary works.’ Formal
- Authority
- Mid Suffolk District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- King T
Main issues, as the Inspector framed them
- planning policies, need and local provision of sites for gypsy and traveller purposes
- whether the development would be subject to a significant risk of flooding, and would comply with planning policy which seeks to steer new development away from the highest risk of flooding
- the effect of the proposed development on local ecology and biodiversity
What decided it
The absence of an adequate Flood Risk Assessment demonstrating the site could be made safe from flooding was, on its own, sufficient to justify dismissal.
The significant weight given to the unmet need for gypsy and traveller sites and substantial weight given to personal circumstances and the best interests of the children were outweighed by the significant flood risk and unresolved ecological concerns, such that the costs of the development significantly outweighed its benefits.
Framework references: 11, 170
Plan policies cited: Policy SP04, Policy SP09, LP27, LP16, MP1
Judgments cited: Stevens v SSCLG [2013] EWHC 792 (Admin); Collins v SSCLG [2013] EWCA Civ 1193
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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