Planning appeal decision
Bury Farm, Little Wymondley , Hitchin, Hertfordshire, SG4 7JN
the “change of use of two areas of an area of agricultural yard to an outside storage area (B8)
- Authority
- North Hertfordshire District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- employment-industrial · Change of use
- Inspector
- Wyatt G
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and development plan policy
- the effect of the proposal on the openness of the Green Belt and the character and appearance of the area
- the effect of the development on the living conditions of adjoining occupiers with particular regard to noise and disturbance
- if the development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to very special circumstances necessary to justify the development
What decided it
The harm to the openness of the Green Belt by reason of inappropriateness, combined with harm to character and appearance and living conditions of neighbours, was not clearly outweighed by the very special circumstances advanced by the appellant.
The substantial weight given to harm to the Green Belt by reason of inappropriateness, together with harm to character and appearance and living conditions, was not outweighed by the financial pressures on the farm, local employment benefits, or farm diversification arguments, and very special circumstances were not established.
Framework references: 137, 149, 150, 130, 148
Plan policies cited: Policy 2, Policy 36, Policy SP1, Policy SP5, Policy SP9, Policy ETC2, Policy D1, Policy D3, Policy GB1, Policy SLBE1, Policy HOD2, Policy HOD3
Judgments cited: Bernard Wheatcroft Ltd v SSE & Harborough DC [1982] P&CR 233; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3
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.
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