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Dismissed27 August 20213229226

Ganders Green Barn, Ganders Green, May Hill , Longhope, Gloucestershire, GL17 0NJ

Planning appeal 3229226 at Ganders Green Barn, Ganders Green, May Hill , Longhope, Gloucestershire, GL17 0NJ (Forest of Dean District Council) was dismissed on 27 August 2021 by Inspector Kean G, following a hearing. The main issue, as the Inspector framed it: 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).

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
Postcode
GL17 0NJ

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

What the Inspector cited

Development plan policies
Policy AP1Policy CSP1Policy CSP4Policy AP.14Policy CSP5Policy CSP16Policy AP4Policy AP5
National Planning Policy Framework
Paragraph 79Paragraph 80Paragraph 92Paragraph 130
Judgments
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

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.