®Planning appeal decision
Land at Greenacres Mobile Park, Littleton, Semington, Wiltshire, BA14 6HL
The breach of conditions 2 & 3 of the planning permission referenced 17/10025/FUL, which state the following
- Authority
- Wiltshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- King T
Main issues, as the Inspector framed them
- the current provision and the level of need of pitches for gypsy and traveller purposes
- whether the occupiers satisfy the 2024 PPTS definition of gypsies and travellers
- whether the proposal represents a sustainable form of development
What decided it
The Finney judgment's restriction preventing a section 73 deemed application from authorising a different description of development (more pitches than originally permitted) meant the Inspector could not grant permission for the intensified use, regardless of the unmet need.
Although there was a recognised unmet need for gypsy and traveller pitches, the tilted balance under paragraph 11(d) of the Framework could not be applied because the Finney ruling precluded the deemed application from authorising an increase in pitch numbers, so the appeal was dismissed subject to corrections and a variation to the notice.
Framework references: 11
Plan policies cited: CP47
Judgments cited: Finney v Welsh Ministers & Ors [2019] EWCA Civ 1868; Ahmed v SSCLG & Guildford BC [2017] EWCA Civ 231; Hertfordshire County Council v SSCLG and Metal and Waste Recycling Limited [2012] EWCA Civ 1473
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.