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Quashed On Legal Grounds13 September 20213251175

Land at The Stables, Old Waterworks, Green Lane, Nazeing, Waltham Abbey, EN10 6RS

Planning appeal 3251175 at Land at The Stables, Old Waterworks, Green Lane, Nazeing, Waltham Abbey, EN10 6RS (Epping Forest District Council) was decided (quashed on legal grounds) on 13 September 2021 by Inspector Griffin E, following a hearing. The main issue, as the Inspector framed it: Whether the development is inappropriate development within the Green Belt for the purposes of the Framework and development plan policy and the effect of the development on the openness and purposes of the Green Belt.

Extension and change of use of a former stables building into a single residential dwelling

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Griffin E
Postcode
EN10 6RS

Main issues, as the Inspector framed them

  • Whether the development is inappropriate development within the Green Belt for the purposes of the Framework and development plan policy and the effect of the development on the openness and purposes of the Green Belt
  • Whether the development is a suitable location for residential use
  • If the development is inappropriate, whether this and any identified harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The other considerations advanced (modest housing supply contribution and family circumstances) did not clearly outweigh the substantial harm to the Green Belt and the unsuitability of the site for residential use, so very special circumstances did not exist.

The modest contribution to housing supply and the appellant's family circumstances did not clearly outweigh the substantial harm to the Green Belt by reason of inappropriateness and the unsuitable location, so the balance tipped against the development.

What the Inspector cited

Development plan policies
Policy GB9APolicy GB2APolicy GB8APolicy DM4Policy ST1Policy CP1Policy CP2
National Planning Policy Framework
Paragraph 137Paragraph 147Paragraph 150Paragraph 48Paragraph 11Paragraph 144
Judgments
Miller Mead v Minister of Housing and Local Government [1963] 1 All ER 459

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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More decisions in Epping Forest District Council

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.