®Planning appeal decision
Land Adjacent to Burial Ground, Smithwell Lane, Hebden Bridge
Planning appeal 3268441 at Land Adjacent to Burial Ground, Smithwell Lane, Hebden Bridge (Calderdale Metropolitan Borough Council) was dismissed on 2 July 2021 by Inspector Rann J, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.
the erection of two dwellings
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Rann J
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
- the effect on the openness of the Green Belt
- the effect of the proposed development on the character and appearance of the appeal site, its surroundings and the wider landscape, including with regard to the settings of nearby listed buildings and the adjacent burial ground
- 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 proposal
What decided it
The harm to the Green Belt by reason of inappropriateness, openness and character and appearance was not clearly outweighed by other considerations, and the tilted balance was not engaged because Green Belt protection provides a clear reason for refusal.
the harm to the Green Belt by reason of inappropriateness, harm to openness and harm to character and appearance was not clearly outweighed by the modest housing contribution and other considerations
What the Inspector cited
- Development plan policies
- Policy GNE1Policy NE7Policy BE15Policy BE1Policy NE12
- National Planning Policy Framework
- Paragraph 145Paragraph 145eParagraph 11dParagraph 11d) ii
- Judgments
- Julian Wood v SSCLG & Gravesham BC [2015] EWCA Civ 195; R. (on the application of Lee Valley Regional Park Authority) v Epping Forest DC [2016] EWCA Civ 404
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.