®Planning appeal decision
Ganders Green Barn, Ganders Green, May Hill , Longhope, Gloucestershire, GL17 0NJ
Change of use of agricultural barn to residential dwelling with associated parking and ancillary works
- Authority
- Forest of Dean District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Kean G
Main issues, as the Inspector framed them
- The overriding issue, considering but ultimately irrespective of the reasons of the Council, is whether the refusal of the [LDC] application was well-founded (Appeal A)
- whether in principle the proposal is appropriately located having regard to national and local planning policies, including whether it would re-use a redundant or disused building (Appeal B)
- the effect of the proposal on the character and appearance of the appeal site and its surroundings (Appeal B)
What decided it
In Appeal A the building was found not to be lawful because it departed materially from the approved permissions and had not been substantially completed, while in Appeal B the significant harm to the rural character and landscape setting outside the settlement boundary was not outweighed by other considerations.
the significant harm from conflict with the settlement and landscape policies (CSP4, CSP1, AP1, AP5, AP14) was not outweighed by other considerations, including the reuse of a redundant building or the Class Q fallback argument
Framework references: 79, 80, 92, 130
Plan policies cited: Policy AP1, Policy CSP1, Policy CSP4, Policy AP.14, Policy CSP5, Policy CSP16, Policy AP4, Policy AP5
Judgments cited: Trump International Golf Club Ltd v Scottish Ministers [2015] UKSC 74; R v Chichester Justices Ex p Chichester DC [1990] J.P.L. 820; London Borough of Brent v Adil [2010] EWHC 3654 (Admin); Rapose v LB of Wandsworth [2011] J.P.L. 600; Goremsandu v Secretary of State for Communities and Local Government [2015] EWHC 2194 (Admin); Sage v SSETR & Maidstone BC [2003] UKHL 22; Mansell v Tonbridge and Malling BC and others [2017] EWCA Civ 1314
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.