Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — by David Smith BA(Hons) DMS MRTPI an Inspector appointed by the Secretary of State Decision date: 26th September 2023

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — Belvedere, Windsor Road, Bowers Gifford, SS13 2LH • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Darren Lealman against the decision of Basildon Borough Council. • The application Ref 21/00065/VAR, dated 15 January 2021, was refused by notice dated 17 August 2022. • The application sought planning permission for the change of use of the land to a single pitch residential gypsy caravan site consisting of a concrete hardstanding and mobile home without complying with conditions attached to planning permission Ref 10/00739/FULL, allowed on appeal on 22 July 2011 (Ref: APP/V1505/A/11/2147489). • The conditions in dispute are Nos 2 and 3 which state that: 2) The occupation of the site hereby permitted shall be carried on only by the following and their resident dependants: Darren Lealman and Emily Jane Lealman.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — Belvedere, Windsor Road, Bowers Gifford, SS13 2LH 3) When the land ceases to be occupied by those named in condition 2 above, the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to or erected on the land, or works undertaken to it in connection with the use, shall be removed and the land shall be restored to its condition before the development took place as indicated on the Existing Site Plan Drawing No 09-138-01 Issue 02 dated June 2010.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. https://www.gov.uk/planning-inspectorate

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. https://www.gov.uk/planning-inspectorate

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. Appeal Decision APP/V1505/W/22/3313197 Main Issue 3. Whether Conditions 2 and 3 are necessary and reasonable having regard to the location of the site in the Green Belt and other material considerations. Reasons 4. The land forms part of the Bowers Gifford plotland area to the west of Pound Lane. Within this grid of streets are permanent dwellings of varying design and age, other mobile homes and undeveloped land. Policy BAS GB1 of the Basildon District Local Plan defines the extent of the Green Belt, including the appeal site. 5. The Planning Policy for Travellers Sites (PPTS) stipulates that traveller sites in the Green Belt are inappropriate development. Notwithstanding the provisions of paragraphs 149 e) and 150 e) of the National Planning Policy Framework, consideration should therefore be given as to whether very special circumstances would exist if the existing conditions were removed. In that event, the use would remain in perpetuity but with a condition limiting occupation to Gypsies and Travellers. 6. In his overall balance the previous Inspector identified the immediate unmet need for more gypsy sites in Basildon as a matter that weighed significantly in favour of the grant of permission.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. He also identified that the site scored well in sustainability terms. Furthermore, “To these factors should be added the particular circumstances of the family who intend to occupy the appeal site, including their need for accommodation, the provision of a settled base for access to education and health care and the mutual support that would arise from living as an extended family group.” 7. A personal condition was considered necessary as he attached “crucial weight” to the personal circumstances of the intended occupants. However, the matters he referred to were not compelling reasons that were unique to the family but could apply equally to other Gypsy and Traveller families. They were also not the only considerations that led to the decision. Therefore, whilst that Inspector found the position of the proposed occupiers to be important, this does not preclude a rounded assessment of the present situation. Especially as it is over twelve years since that appeal was decided. 8.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. The Gypsy and Traveller Accommodation Assessment Update report of 2020 found that over the period to 2038 there was a need for 68 pitches for Gypsy and Traveller households who met the definition in the PPTS, up to 58 pitches for those who may meet that definition and 52 pitches for families outside the definition. The total future need is therefore considerable and the appellant refers to 191 unauthorised sites identified in the monitoring report which also suggests that there is a very large current need. 9. The Basildon District Local Plan dates back to 1998 and there are no specific policies for Gypsy and Traveller sites. At the last appeal it was estimated that planned provision would take up to four years to come forward but even that has proved overly optimistic. Indeed, the withdrawal of the draft Local Plan has put that process back even further so that there can be no confidence that meeting the accommodation needs of Gypsies and Travellers will be tackled in the near future. The track record of failure to deal with this issue in Basildon is an extremely weighty matter that very heavily supports the appeal. https://www.gov.uk/planning-inspectorate 2

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. Appeal Decision APP/V1505/W/22/3313197 10. The Green Belt largely washes over the Borough. Within the settlements the previous Inspector found that there was a shortage of land with strong competing needs from conventional housing. There is nothing to indicate that this position has changed. Indeed, he concluded that sites for Gypsies and Travellers are likely to be in the Green Belt and that some inappropriate development cannot therefore be avoided. As the appeal site is already occupied for residential purpose and within a partly developed area which has intensified over the years, this also strongly favours the proposal. Final Balance 11. 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. In addition, as identified by the previous Inspector, there would be an erosion of openness and a conflict with one of the purposes of the Green Belt although the impact of this would be limited. 12. Set against this is the very high unmet need for sites in Basildon, the large current need and the lack of tangible progress in addressing these matters through the planning system for more than two decades.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. Furthermore, the site is already a pitch for a Gypsy family and the only way to cater for need at the moment is through private sites in the Green Belt. 13. The PPTS indicates that unmet need is unlikely to clearly outweigh harm to the Green Belt and any other harm so as to establish very special circumstances. However, the other considerations in this case are particularly powerful and the position in Basildon is dire with little prospect that it will be resolved in the near future. Furthermore, given its location and as it is already a caravan site, it seems sensible to broaden the definition of those who can occupy it. Therefore, other considerations do clearly outweigh the totality of harm. Indeed, when viewed as a whole, very special circumstances exist which justify permitting a general Gypsy and Traveller site rather than one that is personal to the appellant and his family. As a result, Condition 2 is unnecessary. Conditions 14. As intended as part of the proposal, occupation should be limited to Gypsies and Travellers given the specific policy basis for accepting the use.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. The wording suggested by the Council omits reference to the definition in the PPTS and so reflects the judgment in Smith v SSLUHC & Ors [2022] EWCA Civ 1391. As such, it does not exclude those who have ceased to travel permanently and avoids unlawful discrimination. 15. A site restoration condition was attached previously on the basis that the personal permission was effectively time limited. That no longer applies and given the considerable need for traveller sites in Basildon, there is no justification for requiring the removal of the use and its trappings. Condition 3 is therefore unreasonable. 16. The Planning Practice Guidance indicates that for the purpose of clarity, decisions under section 73 should also restate the conditions imposed on the earlier permission that continue to have effect. Of those attached to the previous appeal decision, there is no need to require a scheme of landscaping as there is extensive frontage planting. However, the number of caravans and https://www.gov.uk/planning-inspectorate 3

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — pitch for Gypsies and Travellers. Appeal Decision APP/V1505/W/22/3313197 the size of vehicles to be kept at the site should be restricted and commercial activities precluded in order to limit the visual impact and to protect amenity. Conclusion 17. Very special circumstances exist to justify inappropriate development in the Green Belt for a general pitch for Gypsies and Travellers. There is no conflict with the development plan and no material considerations to the contrary. Therefore, for the reasons given above, the appeal should succeed. A new planning permission should be granted without the disputed conditions but substituting another and restating the conditions that are still subsisting and capable of taking effect.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — David Smith INSPECTOR SCHEDULE OF CONDITIONS 1) The site shall not be occupied by any persons other than Gypsies and Travellers, defined as persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such. 2) No more than two caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than one shall be a static caravan or mobile home), shall be stationed on the site at any time. The siting of the mobile home and the extent of the hardstanding shall accord with the details indicated on Drawing No 09- 138-01 Issue 02 dated June 2010 which forms part of planning permission Ref 10/00739/FULL, allowed on appeal (Ref: APP/V1505/A/11/2147489). 3) No more than one commercial vehicle shall be kept on the site for use by the occupiers of the caravans hereby permitted, and it shall not exceed 3.5 tonnes in weight.

Belvedere, Windsor Road, BASILDON, Bowers Gifford, SS13 2LH — Basildon District Council — David Smith 4) No commercial activities shall take place on the site, including the storage of materials. https://www.gov.uk/planning-inspectorate 4