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Planning appeal decision

Notice varied and upheld13 March 20263375663

Riversmeet, Station Road, Braughing, WARE, SG11 2PB

without planning permission, the material change of use of the land to a residential Gypsy and Traveller caravan site, comprising the siting of one prefabricated residential structure and the formation of a hardstanding

Authority
East Hertfordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Hartley D

Main issues, as the Inspector framed them

  • The effect of the unauthorised development on the character and appearance of the countryside
  • Whether the site is in a sustainable location in terms of accessibility to existing local services
  • The effect of the breach of planning control on biodiversity
  • Whether the sequential test is passed in the context that the appeal site falls within flood zones 2 and 3

What decided it

The significant harm to the character and appearance of the countryside, combined with the unsustainable location and failure to satisfy biodiversity and flood risk requirements, outweighed the benefits arising from unmet Gypsy and Traveller need and the personal circumstances of the occupiers.

The significant harm to rural character and appearance, unsustainable location, and failure to meet biodiversity and flood risk policy requirements were weighed against unmet Gypsy and Traveller pitch need, the absence of alternative sites, and the personal circumstances and welfare of the occupiers including children with disabilities; the planning harms were found to outweigh these considerations, though the compliance period was extended from nine to twelve months to allow time to secure alternative accommodation.

Framework references: 4, 11, 27, 28, 110, 173, 174, 175, 176, 187

Plan policies cited: Policy GBR2, Policy DES2, Policy HOU9, Policy HOU9(a), Policy HOU9(g), Policy NE3, Policy WAT1

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.