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The Planning Inspectorate The Planning Inspectorate Quality Assurance Unit Direct Line: 0117-372-8252 Temple Quay House Switchboard: 0117-372-8000 2 The Square Temple Quay Bristol BS1 6PN http://www.planning-inspectorate.gov.uk Ms Sharron Wilkinson North Warwickshire Borough Your Ref: Council Atherston Our Ref: APP/R3705/C/08/2088816 Further appeal references at foot of Warwickshire letter CV9 1BG Date: 13 October 2010 Dear Ms Wilkinson Town and Country Planning Act 1990 Appeals by Hope Taylor, Lisa Taylor and Hope Taylor Site at Wrens Nest (eastern Side), Heanley Lane, Hurley, Atherstone, CV9 2LR, Wrens Nest (eastern Side), Hurley Common, Hurley, Atherstone, CV9 2LR and Wrens Nest Caravan Site, Heanley Lane , Hurley, CV9 2HY I enclose a copy of our Inspector's decision on the above appeals and the four costs determinations. If you have queries or complaints about the decision or the way we handled the appeals, you should submit them using our “Feedback” webpage at www.planning- inspectorate.gov.uk/pins/agency_info/complaints/complaints_dealing.htm . This page also contains information on our complaints procedures and the right of challenge to the High Court, the only method by which the decision can be reconsidered. If you do not have internet access, or would prefer hard copies of our information on the right to challenge and our complaints procedure, please contact our Quality Assurance Unit on 0117 372 8252 or in writing to the address above. Please note the Planning Inspectorate is not the administering body for High Court challenges. If you would like more information on the strictly enforced deadlines for challenging, or a copy of the forms for lodging a challenge, please contact the Administrative Court on 0207 947 6655. Yours sincerely pp Ben White EDL1 Further appeal references:- APP/R3705/C/08/2088818 and APP/R3705/A/08/2088454 You can use the Internet to submit documents, to see information and to check the progress of this case through the Planning Portal. The address of our search page is - http://www.pcs.planningportal.gov.uk/pcsportal/casesearch.asp You can access this case by putting the above reference number into the 'Case Ref' field of the 'Search' page and clicking on the search button The Planning Inspectorate Appeal Decisions 4/11 Eagle Wing Temple Quay House 2 The Square Temple Quay Inquiry held on 23-25 June, 15 & 19 Bristol BS1 6PN October 2009, 26-29 January 2010 0117 372 6372 email:[email protected] ov.uk by Paul V Morris DipTP MRTPI Decision date: an Inspector appointed by the Secretary of State for Communities and Local Government 13 October 2010 Appeal A: APP/R3705/C/08/2088698 Wrens Nest (western site), Heanley Lane, Hurley CV9 2LR • The appeal is made under section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991. • The appeal is made by Mr J Smith against an enforcement notice issued by North Warwickshire Borough Council. • The Council's reference is PAP/2008/0379. • The notice was issued on 19 September 2008. • The breach of planning control as alleged in the notice is, without planning permission, the change of use of the land from agricultural to a residential caravan site for gypsy families together with the formation of hardstanding areas, access road, parking of motor vehicles, buildings, structures, drainage and fencing associated with the residential use. • The requirements of the notice are to: i. cease the residential use of the land; ii. remove all caravans, motor vehicles, buildings, structures, drainage and fencing associated with the residential use from the site; iii. reinstate the land by breaking up hardstanding areas and access roads associated with the residential use, and remove the resultant hardcore and gravel from the site. Then replace with topsoil to a depth of 400mm across the whole of the area previously laid with hardcore. • The period for compliance with the requirements is six months. • The appeal is proceeding on grounds (a) and (g) as set out in section 174(2) of the Town and Country Planning Act 1990 as amended. The appellant is deemed to have made an application for planning permission for the development to which the notice relates by virtue of s177(5) of the 1990 Act. Summary of Decision: The appeal is dismissed and the enforcement notice is upheld with variation. Appeals B: APP/R3705/C/08/2088816 & 2088818 Wrens Nest (eastern site), Heanley Lane, Hurley CV9 2LR • The appeals are made under section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991. • The appeals are made by Mr Hope Taylor and Mrs Lisa Taylor against an enforcement notice issued by North Warwickshire Borough Council. • The Council's reference is PAP/2008/0378. • The notice was issued on 19 September 2008. • The breach of planning control as alleged in the notice is, without planning permission, the change of use of the land from agricultural to a residential caravan site for gypsy families together with the formation of hardstanding areas, access road, parking of motor vehicles, buildings, structures, drainage and fencing associated with the residential use. Appeal Decisions APP/R3705/C/08/2088698, APP/R3705/C/08/2088816 & 2088818, APP/R3705/A/08/2088454 • The requirements of the notice are to: i. cease the residential use of the land; ii. remove all caravans, motor vehicles, buildings, structures, drainage and fencing associated with the residential use from the site; iii. reinstate the land by breaking up hardstanding areas and access roads associated with the residential use, and remove the resultant hardcore and gravel from the site. Then replace with topsoil to a depth of 400mm across the whole of the area previously laid with hardcore. • The period for compliance with the requirements is six months. • The appeals are proceeding on grounds (a), (f) and (g) as set out in section 174(2) of the Town and Country Planning Act 1990 as amended. Mr Hope Taylor is deemed to have made an application for planning permission for the development to which the notice relates by virtue of s177(5) of the 1990 Act. Summary of Decision: The appeal is dismissed and the enforcement notice is upheld with variation. Appeal C: APP/R3705/A/08/2088454 Wrens Nest (eastern site), Heanley Lane, Hurley CV9 2LR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Hope Taylor against the decision of North Warwickshire Borough Council. • The application Ref. PAP/2008/0378, dated 18 July 2008, was refused by notice dated 16 September 2008. • The development proposed is the change of use to a residential caravan site for three gypsy families. Summary of Decision: The appeal is dismissed. Preliminary matters 1. The inquiry dealt with conjoined appeals relating to two separate but adjoining sites, with different appellants separately represented. Where possible, I have considered matters common to both sets of appeals together. Applications for costs 2. At the inquiry, applications for costs were made by the appellants for the eastern site and the appellant for the western site against North Warwickshire Borough Council, and applications for costs were made by North Warwickshire Borough Council against the appellants for the eastern site and the appellant for the western site. These applications are the subject of separate decisions. 3. In addition, North Warwickshire Borough Council submitted correspondence indicating its intention to make an application for costs against a third party to the inquiry, Mr T. Green. Mr T. Green was not present at the conclusion of the inquiry when this intention was made known, and I advised the Council that this matter should be dealt with in writing after the decisions had been issued if it wished to pursue it. 2 Appeal Decisions APP/R3705/C/08/2088698, APP/R3705/C/08/2088816 & 2088818, APP/R3705/A/08/2088454 Revocation of the West Midlands Regional Spatial Strategy 4. The West Midlands Regional Spatial Strategy (RSS) was part of the policy context for these appeals during the course of the inquiry. However, on 6 July 2010 the Secretary of State for Communities and Local Government announced the revocation of Regional Strategies with immediate effect. 5. Guidance was issued on 6 July 2010 by the Department of Communities and Local Government (DCLG) that, in determining planning applications, local planning authorities must continue to have regard to the development plan. This will now consist only of adopted Development Plan Documents (DPDs); saved policies; and any old style plans that have not lapsed. Regard should also be had to other material considerations, including national policy. Evidence that informed the preparation of the revoked Regional Strategies may also be a material consideration, depending on the facts of the case. 6. In the light of that guidance, the appellants and the Council were subsequently asked to comment on the revocation of the RSS as it affects the evidence to these appeals. 7. In summary, the appellant for Appeal A submitted that the revocation has little bearing on whether the appeal development is in line with development plan policy. On the question of local, regional and national need for gypsy and traveller accommodation, the appellant relied at the inquiry on the results of the Southern Staffordshire and Northern Warwickshire Gypsy and Traveller Accommodation Assessment (GTAA), and the revocation of the RSS does not result in a material change in the need identified in the area, or the weight that should be attached to it. Following the revocation, there is no adopted policy framework for sites to be delivered, as RSS Policy CF5 was the only development plan policy relating to the provision of gypsy and traveller sites.
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