# Land north of Bottomdale Road, Halton

- **Decision:** dismissed, 23 September 2026
- **Decided by:** Planning Inspector: Grahame J Kean
- **Authority:** Lancaster (North West)
- **Appeal reference:** APP/A2335/C/26/3378663
- **Procedure:** hearing
- **Development:** Enforcement appeals A-C (3378663/4/5): material change of use of field to storage of caravans and significant land-level changes (appellants claimed a 3-pitch traveller site)
- **Site context:** green-belt, open-countryside
- **Green Belt:** yes (grey belt not-argued)
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** S5(5), GB6(2), GB7(1)(e), GB7(1)(g)(ii), N2
- **Development plan policies:** Lancaster Development Management DPD 2025 DM29
- **Main issues:** whether the breach occurred, inappropriate development, openness, character
- **Tags:** enforcement-ground-a, vsc-not-shown, openness-harm, unlawful-use-not-pdl, unmet-need-type-specific, travellers

## Summary
Three linked enforcement appeals against caravans stored on a Green Belt field at Halton, with substantial earthworks. The appellants argued it was a three-pitch traveller site, but the inspector found the land was being used to store caravans, and the deemed application could only be for that use. Unlawful development cannot create PDL, so GB7(1)(e) failed. There was no evidence of unmet need for caravan storage, so (g) failed. The notice was upheld.

## Issues and findings
- **Route.** "The development is outside a settlement boundary, therefore National Policy (NP) S5.5 … applies, which states that development proposals in the Green Belt should be determined in accordance with certain NPs of which GB6 and GB7 are relevant here" (DL ¶29).
- **GB7(1)(e): FAIL.** "development that has never been lawful development is not capable of rendering land PDL, therefore the exception in sub-paragraph (e) does not apply" (DL ¶30).
- **GB7(1)(g)(ii): FAIL.** "No evidence is advanced to suggest that there is an unmet need for the unauthorised storage use or indeed the embankment" (DL ¶31).
- **Openness: harm.** "visual as well as some spatial harm", and the land-level changes "have had a deleterious visual impact on the previously undisturbed contours of the field" (DL ¶33).

## Planning balance
GB6(2): substantial weight to inappropriateness and openness harm, plus character harm (DM29 and N2). No VSC was advanced (DL ¶35–36).

## What made the difference
The appellants' pleaded case did not match the development actually enforced against. With no residential occupation proven at the date of the notice, the only use before the inspector was caravan storage, for which no need case existed. Traveller need arguments could only help a properly made application for a traveller site.

## Transferable points
- Unauthorised development cannot make land previously developed land for GB7(1)(e) (DL ¶30).
- Limb (ii) is tied to the "type of development proposed". In an enforcement appeal that means the use alleged, not what the appellant would like to do (DL ¶6, 31).
- S5(5) is read as sending Green Belt proposals outside settlements through GB6/GB7 (DL ¶29).

## Policy findings
- **S5(5): neutral.** site outside a settlement boundary, so S5(5) sends Green Belt proposals to GB6/GB7 (DL 29)
- **GB7(1)(e): fail.** "development that has never been lawful development is not capable of rendering land PDL" (DL 30)
- **GB7(1)(g)(ii): fail.** no evidence of unmet need for caravan storage or the embankment (the deemed application is for the use alleged, not a traveller site) (DL 31)
- **GB6(2): harm (substantial weight).** visual and some spatial openness harm from caravans and earthworks; no VSC (DL 32-36)
- **N2: harm.** harm to rural character contrary to DM29 and N2 (DL 34)

## Key facts
- Three touring caravans stored on a former open field plus land-level changes up to about 2 m (DL 11-13)
- [object Object]
- Deemed application limited to the alleged storage use; could not grant a traveller site (DL 6, 28, 38)

## Sources
- https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3378663
- https://acp.planninginspectorate.gov.uk/ViewDocument.aspx?fileid=66111579

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/APP-A2335-C-26-3378663.html

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