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Land at Westerleigh Road, Pucklechurch, South Gloucestershire

DATE: 17 Sep 2013

 

This was the redetermination of an appeal following the decision in AZ v SSCLG [2012] EWHC 3660 (Admin).  The local planning authority had served an enforcement notice against a caravan stationed in a field in the Green Belt.  The appellant had a severe psychiatric condition which meant that he needed ready access to open space.  However he could not afford to buy a house with a large garden.  There was evidence that he might commit suicide if forced to leave the present site.  On the other hand there was also evidence that his condition might be treatable and that treatment had not been attempted.  The appellant contended that there was no 5 year supply of deliverable housing sites because the calculations of the local planning authority wrongly addressed the existing backlog on an annualised basis over the life of the Core Strategy.  The local planning authority relied on comments of the Core Strategy Inspector in a very recent report which endorsed this approach.  The appeal was allowed.  The decision was challenged and found to be seriously flawed, albeit that it was not quashed (South Gloucestershire DC v SSCLG [2015] EWCA 74 (Civ)). 

Richard Langham appeared for the local planning authority.