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Planning appeal decision

Split Decision16 July 20263353645

Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX

without planning permission, the material change in use of the Land to a mixed use for the stationing of a caravan for residential occupation (approximately shown edged and cross-hatched black on the attached notice plan) and the storage of non-agricultural motor vehicles, equipment and materials (including vehicle tyres, bricks and other associated building materials); the erection of structures including an outbuilding (approximately shown edged and shaded blue on the attached notice plan) and a Chicken Coop (approximately shown edged and shaded green on the attached notice plan); and the laying of hardstanding

Authority
Basildon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Bartlett R

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate in the Green Belt having regard to the revised Framework
  • The effect of the development on the character and appearance of the area
  • Biodiversity Net Gain (BNG)
  • If the development is inappropriate in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development

What decided it

The external storage use fails to preserve the openness of the Green Belt and does not fall within the exceptions in paragraphs 154 or 155 of the Framework, and the harm to the Green Belt and character of the area is not clearly outweighed by other considerations.

The harm to the Green Belt by reason of inappropriateness (substantial weight) and harm to character and appearance (significant weight) from the storage use are not clearly outweighed by the other considerations put forward, so very special circumstances do not exist for the storage use; however, the residential use is not inappropriate development and accords with the Framework and local plan policy.

Framework references: 155, 154, 135, 187, 57

Plan policies cited: Policy BAS GB1, Policy BAS BE12

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.