Planning appeal decision
Hollinholme, Swillington Lane, Swillington, Leeds, LS26 8BZ
Planning appeal 3258467 at Hollinholme, Swillington Lane, Swillington, Leeds, LS26 8BZ (Leeds City Council) was allowed in part (a split decision) on 2 August 2021 by Inspector Madge M, following a hearing. The main issue, as the Inspector framed it: Whether the development constitutes inappropriate development in the Green Belt having regard to the Revised Framework and any relevant development plan policies.
without planning permission, the unauthorised demolition and erection of a new detached dwelling and partially built structure within the Green Belt
- Authority
- Leeds City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Madge M
- Postcode
- LS26 8BZ
Main issues, as the Inspector framed them
- Whether the development constitutes inappropriate development in the Green Belt having regard to the Revised Framework and any relevant development plan policies.
- The effect on the openness of the Green Belt.
- The effect of the development on the character and appearance of the area.
- If the development is inappropriate development inside the Green Belt, whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development.
What decided it
The combination of the site's long-established residential use, the close similarity of the new dwelling to what would have lawfully resulted from the 2017 permissions, the planning obligation and condition removing permitted development rights, and the appellants' personal circumstances clearly outweighed the Green Belt harm for the dwelling, but these considerations did not extend sufficiently to the later, separately-built garage.
The substantial harm by reason of inappropriateness and loss of openness was clearly outweighed by other considerations (established residential use, similarity to the lawful fallback scheme, the planning obligation and PD-rights condition, and personal circumstances) amounting to very special circumstances justifying the new detached dwelling, but these considerations did not clearly outweigh the harm in respect of the partially built garage, which was refused.
What the Inspector cited
- Development plan policies
- Policy N33Policy GP5
- National Planning Policy Framework
- Paragraph 149Paragraph 57
- Judgments
- AZ v SSCLG & Gloucestershire DC [2012] EWHC 3660
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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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.
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