®Planning appeal decision
5 Boggs Cottages, Keele Road, Newcastle-under-Lyme, ST5 5AB
Planning appeal 3218107 at 5 Boggs Cottages, Keele Road, Newcastle-under-Lyme, ST5 5AB (Newcastle-under-Lyme Borough Council) was allowed on 21 December 2022 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (Framework) and the PPTS.
that on 5 th February 1992 the Council granted planning permission ref. N21428 (“the planning permission”) for the use of a mobile home on the land as a dwelling subject to conditions. Condition 1 of the planning permission is that the permission shall enure for the benefit of Mr. Leonard Edwards and any relatives or dependants living with him. Condition 1 has not been complied with in that the mobile home on the Land is no longer occupied by Mr. Leonard Edwards but is occupied by persons who are no relatives or dependants of Mr. Leonard Edwards
- Authority
- Newcastle-under-Lyme Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Freer P
- Postcode
- ST5 5AB
Main issues, as the Inspector framed them
- whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (Framework) and the PPTS
- if the breach of planning control alleged in the notice is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development
What decided it
The appellant's offer to demolish the immune double garage, securing a net improvement to the openness of the Green Belt, combined with the lack of alternative sites and the best interests of the children, justified granting a personal planning permission even though very special circumstances did not exist for a permanent permission.
the substantial harm from inappropriate development, other Green Belt harm, harm to neighbours' living conditions and intentional unauthorised development were not clearly outweighed by other considerations so as to justify a permanent permission, but for a personal permission the balance tipped in the appellant's favour given the net openness improvement, absence of alternative sites, and the best interests of the children
What the Inspector cited
- Development plan policies
- Policy S3 of the Newcastle-under-Lyme Local PlanPolicy CSP7 of the Newcastle-under-Lyme and Stoke-on-Trent Core Spatial Strategy
- National Planning Policy Framework
- Paragraph 148
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.