Planning appeal decision
The Former Utilities Pumping Station Site, Broad Lane, Collins Green, Warrington, Cheshire, WA5 4AE
without planning permission, the material change of use of the land to a residential traveller site with associated static caravan, trailer/touring caravans, amenity buildings, campervans, hardstanding, brick-built utility building, sheds, storage containers, fencing, gates, and paraphernalia, including children’s play equipment, materials, gas bottles, vehicle trailer, and bins
- Authority
- Warrington Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- Whether the period for compliance specified in the enforcement notice (six calendar months) falls short of what should reasonably be allowed under section 174(2)(g) of the Town and Country Planning Act 1990
What decided it
The undisputed lack of any currently available alternative Traveller pitches in the area, combined with the best interests of the children and the opportunity for occupiers to source an alternative policy-compliant site within ten months, justified extending the compliance period from six to ten months as a proportionate balance between public interest and occupiers' rights.
The significant planning harm caused by the breach of planning control (highway safety and land stability risks) was balanced against Article 8 Human Rights Act rights, the public sector equality duty, the best interests of the children, the lack of alternative available Traveller pitches, and the personal and health-related circumstances of residents, resulting in a ten-month compliance period being proportionate and reasonable.
Plan policies cited: Policy DEV 3 of the adopted Warrington Local Plan 2023
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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