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25.10.2019
These appeals related to traveller pitches which had been set up on land within the functional flood plain in Basingstoke and Deane. The decision is of interest because it demonstrates why it will rarely, if ever, be appropriate to permit highly vulnerable development such as caravans in the functional flood plain.
On the main issue Paul Dignan MSc PhD, an Inspector appointed by the Secretary of State for Communities and Local Government, held that ([31-2 and 59]):
Mr Dignan permitted the amendments to the enforcement notices sought by the local authority([10]), dismissed the ground (d) appeals ([11-20]), found that the developments had a substantial adverse effect on landscape character and views ([43]), and found that the access to plot 6/7 would be unsafe ([43]). He also attached adverse weight to the fact that the unlawful development had been carried out intentionally ([60]).
Mr Dignan concluded that, although there was a lack of a 5 year supply of pitches, a need for pitches and a lack of alternative pitches along with personal circumstances which must be given substantial weight, these factors did not outweigh the conflict with the development plan which he had identified, in the context of a permanent or temporary permission ([61-6]). For Plots 3 and 6/7 he extended the compliance period to one year.
You can read the decision here.
David Lintott acted for the local planning authority in the inquiry.
Thank you
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