Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision Site visit made on 22 September 2021 by David Smith BA(Hons) DMS MRTPI an Inspector appointed by the Secretary of State Decision date: 6 October 2021 Appeal Ref: APP/M1520/W/20/3261718 Land adjacent to Keswick Road and Windermere Road, Thundersley, SS7 3HU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission • The appeal is made by Mr Darren Lealman against Castle Point Borough Council. • The application Ref 20/0480/FUL, is dated 23 July 2020. • The development proposed is change of use of land for the stationing of caravans for residential purposes, together with hardstanding and utility/dayroom ancillary to that use. Decision 1. The appeal is dismissed and planning permission is refused. Preliminary Matters 2. An application for a single gypsy and traveller pitch was dismissed at appeal in 2020 (Ref: APP/M1520/W/18/3219310). The layout of the site has been revised as part of this proposal but many of the issues are similar. Whilst the earlier decision is therefore a significant material consideration, I have nevertheless considered matters afresh. 3.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision Although not referred to in the description of development, the appellant and his wife both form part of the local gypsy and traveller community. The appellant also expects that occupation would be limited to gypsies and travellers as defined at Annex 1 of the Planning Policy for Traveller Sites (PPTS). The proposal should therefore be considered accordingly. 4. The Council has indicated that if it had been able to determine the application then permission would have been refused on Green Belt grounds. There are no specific Local Plan policies relating to gypsy and traveller sites. Main Issues 5. Engineering operations such as the laying of hard surfacing are not inappropriate development in the Green Belt provided they preserve openness and do not conflict with the purposes of including land within it. However, the proposal should be considered as a whole and the PPTS confirms that traveller sites in the Green Belt are inappropriate development. Therefore the main issues are: • The effect of the proposal on the openness and purposes of the Green Belt and on the character and appearance of the surrounding area; and https://www.gov.uk/planning-inspectorate

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision Appeal Decision APP/M1520/W/20/3261718 • Whether other considerations clearly outweigh the harm to the Green Belt and any other harm so as to amount to very special circumstances. Reasons Openness, purposes and character and appearance 6. The appeal site comprises an overgrown paddock on the corner of Keswick Road and Windermere Road. It forms part of a narrow gap between Thundersley and New Thundersley where there is an enclave of scattered and sporadic development served by a network of unadopted roads. The individual houses and bungalows are heavily intermingled with open land and blocks of woodland. Overall I agree with the previous Inspector that despite the presence of housing the area has a generally rural character and appearance. 7. The proposed site plan shows a static caravan, a touring caravan and a small dayroom together with an area of hardstanding for parking and turning. Along the western side of the site and on the corner a fairly broad margin has been retained for hedge and tree planting. Further planting could also be undertaken around the remainder of the site perimeter. 8.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision Because of their physical presence the caravans, utility building and vehicles would reduce the openness of the Green Belt which is one of its essential characteristics. However, because of the scale of the proposed development the impact would be modest and the visual implications would be mitigated over time by the landscaping. Nevertheless the effect on openness would be an adverse one. Furthermore, by occupying a currently undeveloped parcel of land the proposed use would encroach into the countryside and so be contrary to one of the five Green Belt purposes. 9. Given that the immediate surroundings are not devoid of development the manifestations of the proposed use would not be entirely out of place. However, it would intrude into the central rectangle of land between Keswick Road and Bassenthwaite Road where buildings are less prevalent and where there is a high proportion of greenery. This would erode the intrinsic rural character of the locality at a highly visible corner. The proposed planting would ultimately provide screening and softening but the PPTS advises against isolating occupiers from the rest of the community by these means.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision In any event, the use would not be entirely enclosed or hidden so that its existence would be apparent. Therefore whilst the impact would be negative the level of harm would not be of a high order. 10. Compared to the previous scheme the extent of landscaping would increase and the caravans and building would be a little further from the external boundaries. However, these improvements to a development previously found to be unacceptable do not, in themselves, render the proposal acceptable. 11. Therefore the proposed use would reduce Green Belt openness, be contrary to one of its purposes and harm the character and appearance of the area. Other considerations 12. The Castle Point Borough Gypsy, Traveller and Travelling Showpeople Accommodation Assessment identified 7 occupied pitches at the time of its survey in 2016/17. It concludes that to 2034 there is no need for additional https://www.gov.uk/planning-inspectorate 2

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision Appeal Decision APP/M1520/W/20/3261718 pitches in the Borough for those who meet the PPTS definition. This is the best source of information about the future need for sites. 13. Since then permission has been given for 3 traveller pitches at Janda Field, Fane Road. As occupation is limited to named occupiers it is not clear whether this has contributed towards meeting the general need for sites. In any event, there is no evidence to support the contention that there is no 5 year supply of sites, that unmet need is substantial or that there has been a related policy failure to deliver sites over many years. 14. The intended occupiers of the appeal site are the appellant’s wife and his three children. The proposed use is predicated on occupation by those complying with the PPTS definition but it is unclear whether she would fall within it. Therefore some consideration should also be given to the general need for caravan sites for those identifying as gypsies and travellers. 15. The Accommodation Assessment identifies a need for 6 pitches for those who may, or who do not, meet the definition. These households may nevertheless have a cultural need for a caravan site.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision The National Planning Policy Framework confirms that the needs of groups with specific housing requirements should be addressed. Furthermore, section 124 of the Housing and Planning Act 2016 requires local authorities to consider the needs of people residing in or resorting to the district with respect to the provision of sites on which caravans can be stationed. To that end, the proposal would potentially contribute positively to meeting some of the wider need for caravan sites. 16. The provision of a site would give rise to several other benefits. These are summarised by the factors listed at paragraph 13 of the PPTS which ensure that sites are sustainable economically, socially and environmentally. They provide more specific detail about the realisation of the overarching objectives set out at paragraph 8 of the Framework. In particular, the site would be well located for various facilities and opportunities. No objections are raised in relation to the more general Local Plan policies cited by the appellant. 17. According to paragraph 26 of the PPTS, weight should be given to soft landscaping that would enhance the environment and to the promotion of healthy lifestyles.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision However, no space is earmarked for a play area and whilst planting would be increased the proposal would not increase openness. These considerations therefore provide limited support for the proposal. The proposed trees and hedges would also be likely to enhance biodiversity as encouraged by the Framework. However, given that the site is already in a natural state the degree of improvement would be limited and there is no specific evidence in this regard. 18. It is contended that the proposal would accord with the draft policy in the emerging Local Plan although this requires very special circumstances to be demonstrated to justify an exception to Green Belt policy. In any case there is no information about the progress of the Plan and so the provisions of this criteria based policy are of little significance. It may well be the case that any new sites in Castle Point would need to be within the Green Belt given the composition of the Borough. However, in these circumstances, decisions about future supply are best made holistically through the local plan process rather than via individual appeals. https://www.gov.uk/planning-inspectorate 3

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision Appeal Decision APP/M1520/W/20/3261718 19. The family currently live in Basildon on a site with planning permission. However, they can no longer all stay under the same roof. Mrs Lealman has strong local connections with Bowers Gifford. As of last year, two of the children were at college and at school and one was being home schooled. Two have medical conditions. The proposal would fulfil the family’s accommodation requirements and would provide stability for the lives of the children at a difficult time. It would enable them to continue their close connections with family and to maintain their friendship networks. There is no evidence that alternative sites are available. 20. However, it is not clear why the appellant’s wife and children could not remain on the existing lawful site and what options might then be available to the appellant. It is likely to be possible for him to find suitable accommodation more readily on his own. Therefore the fact that the proposed occupiers are already living on a permitted pitch reduces the benefits of the proposed use in respect of their personal circumstances. There is no evidence that the current living arrangements are unsatisfactory for the four proposed occupiers. 21.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision The best interests of the children are a primary consideration and no other consideration should be given more importance or weight than this. It can be assumed that the family would not be seeking permission for the site without good reason and the children are said to be a priority for the appellant. However, their interests would also appear to be served by remaining at their current address. 22. Dismissing the appeal would represent an interference with the potential home of the appellant’s family and their family life such that Article 8 of the Human Rights Act is engaged. There is also a positive obligation imposed by Article 8 to facilitate the gypsy way of life. 23. The appellant and his family have a relevant protected characteristic and so, as required by section 149(1) of the Equality Act 2010, the public sector equality duty is applicable. There is therefore a need to have due regard to advancing equality of opportunity. Final Balance 24. The proposal would be inappropriate development within the Green Belt. In accordance with the Framework substantial weight should be given to any harm to the Green Belt.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision In addition, there would be an erosion of openness and a conflict with one of the purposes of the Green Belt. These factors weigh significantly against the proposal. There would also be harm to the character and appearance of the surrounding area. 25. Set against this there is no strong evidence of a general need for sites for those who meet the PPTS definition. Whilst the proposal is not couched in this way some importance should be given to the possibility that the proposal could contribute towards meeting a wider identified need for caravan sites. The suitability of the site when judged against some of the provisions of the Framework is in its favour. A new pitch here would also respond positively to the needs of the appellant’s family including his children. However, those advantages are tempered by the fact that they are already living on a permitted site in the locality. https://www.gov.uk/planning-inspectorate 4

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision Appeal Decision APP/M1520/W/20/3261718 26. The best interests of the children are a matter of substantial weight. There would also be an interference with the appellant’s human rights. However, the seriousness of these matters is lessened by the existing living arrangements. Similarly in exercising the public sector equality duty the intended occupiers would be able to occupy a lawful caravan site elsewhere and so would not be disadvantaged in that respect. 27. The objections to the proposal for a caravan site in the Green Belt are considerable as outlined above. Whilst the other considerations that favour the grant of permission are significant, they are not, even when added together, of such a scale to clearly outweigh the totality of harm. As a result very special circumstances do not exist. The human rights interference associated with this conclusion is in accordance with the law and is necessary in a democratic society to protect the Green Belt and other environmental interests. Therefore planning permission for a permanent pitch should not be granted and this is a proportionate response in all the circumstances. 28.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — Appeal Decision There is no indication that the planning circumstances would change in the foreseeable future and therefore no justification for a temporary permission. 29. As there is a clear reason to refuse the development proposed because of its location within the Green Belt the presumption in favour of sustainable development set out at paragraph 11 of the Framework does not apply. Conclusion 30. For the reasons given the proposal would be unacceptable and therefore the appeal should not succeed.

Land adjacent to, Keswick Road and Windermere Road, Thundersley, Benfleet, SS7 3HU — Castle Point Borough Council — David Smith INSPECTOR https://www.gov.uk/planning-inspectorate 5