®Planning appeal decision
Land at Lake Farm, Wyndbrook Lane, Redmarley, Gloucester, GL19 3LF
Planning appeal 3252116 at Land at Lake Farm, Wyndbrook Lane, Redmarley, Gloucester, GL19 3LF (Forest of Dean District Council) was dismissed on 9 November 2021 by Inspector Moss J, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the special interest of the heritage assets that are within the site and on the character and appearance of the area.
Enforcement notice alleging unauthorised construction of an access, fencing, hardstandings, engineering works, a garage and a dwelling at Lake Farm without planning permission
- Authority
- Forest of Dean District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- agricultural · Householder developments
- Inspector
- Moss J
- Postcode
- GL19 3LF
Main issues, as the Inspector framed them
- The effect of the development on the special interest of the heritage assets that are within the site and on the character and appearance of the area
- Whether the fences at the access in the north east corner of the site are acceptable in terms of highway safety
What decided it
The NPPF paragraph 202 heritage balance, weighing less-than-substantial harm to the setting of the listed farmstead against the agricultural/economic benefits and fallback permitted development position, determined which unauthorised operations were granted permission and which had to be removed.
For the hardstanding and its boundary fencing, the marginal/less-than-substantial heritage harm was outweighed, on balance, by the economic benefit of more active farming use and the fallback position of permitted smaller works, so permission was granted; for the gates and close-boarded fencing near the listed buildings, the less-than-substantial harm was not outweighed by the more tangible but lesser benefits claimed, so permission was refused.
What the Inspector cited
- Development plan policies
- AP 1AP 4AP 5CSP.1CSP.4
- National Planning Policy Framework
- Paragraph 202Paragraph 197Paragraph 199
- Judgments
- Oates v SSCLG v Canterbury CC [2018] EWCA Civ 2229; Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307; Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385
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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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.