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Planning appeal decision

Notice varied and upheld16 September 20213240085

Land Title 217277 situated at Greenfields Top Field, Braybrooke Road, Braybrooke, Northamptonshire, LE16 8JW

Without planning permission, a material change of use from agricultural land to a mixed use of agriculture and the stationing of a mobile home to facilitate a carpentry workshop, manufacturing of bee hives and storage of ancillary equipment within the area edged in Red on the attached plan1

Authority
Kettering Borough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
agricultural · Change of use
Inspector
Willows P

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the area
  • Whether the presumption in favour of sustainable development, as set out in the National Planning Policy Framework (the Framework), applies
  • Whether any harm arising from the development is outweighed by other considerations, including any need for it, when the appropriate planning balance is applied

What decided it

The harm to the character and appearance of the rural area from the mobile home and carpentry workshop was not outweighed by the limited economic or operational benefits put forward by the appellant.

the limited economic benefits and other considerations advanced by the appellant did not outweigh the harm to the character and appearance of the area, so ground (a) failed

Framework references: 11, 219

Plan policies cited: Policy 3, Policy 11, Policy 25

Judgments cited: Brazil (Concrete) Ltd v MHLG & Amersham RDC [1967] 18 P&CR 396; Wealden District Council v Secretary of State for Environment and Colin Day (1988) JPL 268 CA; Main v SSETR & South Oxfordshire DC [1999] JPL 195; Millington v Secretary of State for the Environment, Transport and the Regions, and Shrewsbury and Atcham Borough Council [1999] EWCA Civ 1682; Deakin v First Secretary of State and Others; Borough of Restormel v The Secretary of State for the Environment and Others

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.