Planning appeal decision
Bridge House, Oxmoor Lane, Biggin, LS25 6HJ
full planning application for the change of use of land to a mixed use transit traveller site and ancillary tourism
- Authority
- North Yorkshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- the effect of the development in relation to the character and appearance of the area
- whether the appeal site is a sustainable location
- whether the development can be said to dominate the nearest settled community
- whether there has been intentional unauthorised development
- the effect of the development on biodiversity
- highway safety considerations
- the effect of the development on the living conditions of neighbours, with particular regard to overlooking
- the significance of flood risk and surface water drainage in relation to the development
- the extent to which site occupiers and neighbours are affected by noise pollution
- the arrangements for the management of foul drainage
- the arrangements for external lighting on the site
- the arrangements for waste / odour control on the site
- whether there is a need for gypsy / traveller sites
- the personal circumstances of the site occupiers
What decided it
The very significant harm to the character and appearance of the area combined with intentional unauthorised development and unresolved highway safety concerns outweighed the benefits of meeting unmet gypsy and traveller need.
The substantial harm to character and appearance and from intentional unauthorised development, together with significant highway safety harm, outweighed the substantial benefits of unmet gypsy/traveller need, policy failure, and moderate weight given to personal circumstances, so the adverse impacts significantly and demonstrably outweighed the benefits under paragraph 11(d) of the Framework.
Framework references: 11, 170
Plan policies cited: SP13, SP18, SP19, ENV1, RT12, SP2, SP11, ENV2, ENV3, SP15
Judgments cited: Winchester CC v SSCLG [2013] EWHC 101 (Admin), [2015] EWCA Civ 563
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.
®