®Planning appeal decision
Land Lying North of Little Kiln House, Little Doward, Whitchurch Ross-On-Wye, HR9 6DT
Planning appeal 3265993 at Land Lying North of Little Kiln House, Little Doward, Whitchurch Ross-On-Wye, HR9 6DT (Herefordshire Council) was allowed in part (a split decision) on 2 June 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the site is in a suitable location for residential use having regard to the development plan policies (ground (a)).
Without planning permission the unauthorised material change of use of the Land from agricultural to mixed use for agriculture and to site a caravan marked with an “X” on the attached plan for residential purposes and the use of part of the building marked with a “Y” (on) the attached plan for residential purposes ancillary to the siting of the caravan
- Authority
- Herefordshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Hanson S
- Postcode
- HR9 6DT
Main issues, as the Inspector framed them
- Whether the site is in a suitable location for residential use having regard to the development plan policies (ground (a))
- Whether the requirements of the enforcement notice exceed what is necessary to achieve its purpose (ground (f))
- Whether the period for compliance with the notice is reasonable (ground (g))
What decided it
The site's location in an isolated part of the countryside outside any settlement, combined with the proposal's failure to meet the strict exceptions in Policy RA3 and the Framework's guidance against isolated homes in the countryside, meant that the adverse impacts of the development significantly and demonstrably outweighed the limited housing benefits, even with an out-of-date development plan.
The adverse impacts of isolated residential development in the countryside, derived from conflict with the spatial strategy for the pattern of development, significantly and demonstrably outweighed the very limited benefit of an additional dwelling, such that the presumption in favour of sustainable development did not apply.
What the Inspector cited
- Development plan policies
- Policy RA3Policy SS1Policy RA5Policy WG11Policy WG2
- National Planning Policy Framework
- Paragraph 79Paragraph 11
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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With an account
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.