®Planning appeal decision
Cliff Meadows, Tamworth Road, Kingsbury, B78 2DS
change of use of land for a single pitch Gypsy residential site, installation of septic tank, creation of access, driveway, parking area and patio, construction of bunds and erection of gate without complying with conditions attached to planning permission Ref PAP/2023/0191 (APP/R3705/W/24/3338275), dated 26 July 2024
- Authority
- North Warwickshire Borough Council
- Appeal type
- other · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Unknown
- Inspector
- Nicholls H
Main issues, as the Inspector framed them
- whether the disputed conditions are reasonable and necessary with regard to: the effect of the development on openness and on the purposes of Green Belt policy
- the effects of the development on the character and appearance of the area
- the fear of crime
- if inappropriate, 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 necessary to justify it
What decided it
Limiting the permission to a temporary period reduced the weight attributable to the Green Belt and character/appearance harms so that they were outweighed by the benefits, whereas on a permanent basis they were not.
the harm from inappropriateness, loss of openness, countryside encroachment and moderate harm to character and appearance was not clearly outweighed by the limited benefits on a permanent basis, but when time-limited by a temporary permission the reduced weight of those harms was outweighed by the benefits to the family, amounting to very special circumstances
Framework references: 155, 143
Plan policies cited: Policy LP3, Policy LP10, Policy LP14, Policy LP29(17)
Judgments cited: Wheatcroft Ltd V SSE [1982]; Holborn Studios Ltd v CLBH [2017] EWHC 2823; West Midlands Probation Committee v SSE and Walsall MBC [1997] JPL 323
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.