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Planning appeal decision

Notice varied and upheld17 November 20213194580

Land at Willow Farm (Field 3116), Jackets Lane, Harefield, Northwood, Middlesex, UB9 6PZ

Without planning permission the material change of use of the Land to a residential use and associated operational development

Authority
London Borough of Hillingdon
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Lewis D

Main issues, as the Inspector framed them

  • Whether the proposal is inappropriate development in the Green Belt, the effect on the openness of the Green Belt and the purposes of including land within it.
  • The effect on the character and appearance of the area
  • The performance of the site against criteria in Policy DMH 9 and Policy H3
  • The existing level of local provision and need for sites within the Borough and more widely
  • The availability (or lack) of alternative accommodation for the proposed site residents
  • Personal circumstances of the proposed site residents
  • If the proposal is inappropriate development, whether the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations. If so, would this amount to the very special circumstances necessary to justify the development.
  • Whether the compliance period of three months is reasonable and proportionate

What decided it

The substantial and significant Green Belt and landscape harms were not clearly outweighed by the need and personal circumstances relied upon, so very special circumstances did not exist under any permanent, temporary or personal permission option.

The substantial harm from inappropriateness, together with harm to openness, encroachment and landscape character, was not clearly outweighed by the limited/moderate weight given to need and the significant weight given to personal circumstances, so the balance tipped against the proposal and very special circumstances did not exist.

Plan policies cited: Policy H14, Policy DMH 9, Policy H3, Policy G2, Policy EM2, Policy DMEI 4

Judgments cited: Mulvenna and Smith v Secretary of State for Communities and Local Government & Hyndburn Borough Council [2017] EWCA Civ 1850

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.