®Planning appeal decision
1 Brandon Hall Cottages, Tarn Lane, Wike, Leeds, LS17 9JQ
Planning appeal 3269039 at 1 Brandon Hall Cottages, Tarn Lane, Wike, Leeds, LS17 9JQ (Leeds City Council) was dismissed on 12 November 2021 by Inspector Dowsett 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 demolition of three houses and construction of one detached dwelling with detached garage, new vehicle access and gates without complying with a condition attached to planning permission Ref: 18/05715/FU, dated 2 November 2018
- Authority
- Leeds City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Dowsett J
- Postcode
- LS17 9JQ
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
- Would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The cumulative 40% increase in volume over the original buildings, combined with the greater visual impact on openness from principal views, means the proposal constitutes inappropriate development in the Green Belt with no very special circumstances to justify it.
The substantial harm to the Green Belt by reason of inappropriateness was not outweighed by any other considerations, and no very special circumstances were demonstrated.
What the Inspector cited
- Development plan policies
- Saved Policy N33 of the Leeds Unitary Development Plan Review 2006Saved Policy GB9 of the Leeds Unitary Development Plan Review 2006Policy HDG 3 of the Leeds City Council Householder Design Guide Supplementary Planning Document 2012
- National Planning Policy Framework
- Paragraph 149Paragraph 150
- Judgments
- Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC 3
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.