®Planning appeal decision
Woodlands Farm Mearcombe Lane, Bleadon, WESTON-SUPER-MARE, BS24 0NZ
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
Framework references: 176
Plan policies cited: Policy CS5, Policy CS12, Policy DM10, Policy DM11, Policy DM51, Policy DM32, Policy RD/1
Judgments cited: 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)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.