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Planning appeal decision

Notice varied and upheld17 June 20213249212

Former Coles Garage, Redhill, Bristol, BS40 5TE

Planning appeal 3249212 at Former Coles Garage, Redhill, Bristol, BS40 5TE (North Somerset Council) was allowed in part (a split decision) on 17 June 2021 by Inspector Curnow R, following an inquiry. The main issue, as the Inspector framed it: whether the use affects the openness of the Green Belt or the purposes for including land within it, thereby amounting to inappropriate development in the Green Belt.

without planning permission, the material change of use of the land for the parking of vehicles for airport customers

Authority
North Somerset Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Curnow R
Postcode
BS40 5TE

Main issues, as the Inspector framed them

  • whether the use affects the openness of the Green Belt or the purposes for including land within it, thereby amounting to inappropriate development in the Green Belt
  • whether the use would result in greater reliance on travel by private car
  • the effect of the use on highway safety
  • if the use is inappropriate development, would the harm by reason of inappropriateness be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The intensive 'block parking' use caused spatial harm to Green Belt openness amounting to inappropriate development, and the limited benefits did not clearly outweigh this harm so as to constitute very special circumstances.

the limited benefits of demand for the facility and employment opportunities did not clearly outweigh the harm to Green Belt openness arising from inappropriateness, so very special circumstances did not exist

What the Inspector cited

Development plan policies
Policy DM12Policy DM24Policy DM30
National Planning Policy Framework
Paragraph 133Paragraph 143Paragraph 146Paragraph 144Paragraph 55
Judgments
Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196; Gabbitas v SSE & Newham BC [1985] JPL 630; Samuel Smith Old Brewery (Tadcaster) v SSCLG [2009] EWCA Civ333; Gambone v SSCLG [2014] EWHC 952

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.

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The decision letter

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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.