®Planning appeal decision
Land Title 217277 Situated at Greenfields Top Field, Braybrooke Road, Braybrooke, Northamptonshire, LE16 8JW
Planning appeal 3240085 at Land Title 217277 Situated at Greenfields Top Field, Braybrooke Road, Braybrooke, Northamptonshire, LE16 8JW (Kettering Borough Council *) was allowed in part (a split decision) on 16 September 2021 by Inspector Willows P, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area.
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
What the Inspector cited
- Development plan policies
- Policy 3Policy 11Policy 25
- National Planning Policy Framework
- Paragraph 11Paragraph 219
- Judgments
- 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
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.