Land North of Henley Road, Budbrooke, Warwick, Warwickshire, CV35 8RA

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; the management of waste within the site.
• The effect of the use of the site on: the risk of flooding off site; 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 lack of a five year supply of deliverable gypsy/traveller sites and absence of alternative sites meant the identified benefits and PPTS/paragraph 11(d) presumption outweighed the noise harm and IUD, such that the adverse impacts did not significantly and demonstrably outweigh the benefits.

The significant weight attached to noise harm to living conditions and moderate weight attached to intentional unauthorised development did not significantly and demonstrably outweigh the significant benefits of meeting unmet gypsy/traveller need, compliance with Policy H8, and the presumption in favour of sustainable development, so the balance tipped in favour of allowing the appeal.