Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld11 January 20223259117

Woodlands Farm Mearcombe Lane, Bleadon, Weston-Super-Mare, BS24 0NZ

Planning appeal 3259117 at Woodlands Farm Mearcombe Lane, Bleadon, Weston-Super-Mare, BS24 0NZ (North Somerset Council) was allowed in part (a split decision) on 11 January 2022 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: whether the development conserves or enhances the landscape and scenic beauty of the AONB.

described as a dwelling, agricultural building, residential curtilage, mixed storage and residential curtilage building. Summary

Authority
North Somerset Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Freer P

Main issues, as the Inspector framed them

  • whether the development conserves or enhances the landscape and scenic beauty of the AONB
  • whether the buildings are necessary for and ancillary to the use of the land for a viable agricultural or land based rural business
  • whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well founded

What decided it

Whether the relevant statutory immunity periods (four years for the operational development, ten years for the change of use) had elapsed before the enforcement notices were issued, together with the unproven necessity/viability of the agricultural buildings under Policy DM51, determined the outcome of each appeal.

the harm to the landscape and scenic beauty of the AONB and the unproven necessity/viability of the agricultural buildings were not outweighed by any material considerations, so the ground (a) appeals failed and planning permission was refused

What the Inspector cited

Development plan policies
Policy CS5Policy CS12Policy DM10Policy DM11Policy DM51Policy DM32Policy RD/1
National Planning Policy Framework
Paragraph 176
Judgments
Oates v Secretary of State for Communities and Local Government [2018] EWCA Civ 2229; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Welwyn Hatfield v SSCLG and Beesley [2011] UKSC15; Jackson v SSCLG [2015] EWHC 20 (Admin); Bonsall and Jackson [2015] EWCA Civ 1246; Arun DC v First Secretary of State [2006] EWCA Civ 117; [2007] 1 WLR 523; Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Kestrel Hydro v Secretary of State for Communities and Local Government [2015] EWHC 1654 (Admin)

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

16 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in North Somerset Council

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld16 April 20263373067
    8 Spring Valley, Weston Super Mare, BS22 9AS
  2. Notice upheld16 April 20263373066
    8 Spring Valley, Weston Super Mare, BS22 9AS
  3. Notice upheld16 April 20263373063
    7 Spring Valley, Weston-Super-Mare, North Somerset, BS22 9AS
  4. Notice upheld30 March 20263368012
    Scars Farm , Lye Hole Lane, Redhill, Bristol, BS40 5TB
  5. Notice upheld26 March 20263346026
    Queensmead Farm Bristol Road, Winscombe, BS25 1PW

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.