Planning appeal decision
Bury Farm, Little Wymondley , Hitchin, Hertfordshire, SG4 7JN
Planning appeal 3269173 at Bury Farm, Little Wymondley , Hitchin, Hertfordshire, SG4 7JN (North Hertfordshire District Council) was dismissed on 10 September 2021 by Inspector Wyatt G, 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 Framework and development plan policy.
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
- Postcode
- SG4 7JN
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.
What the Inspector cited
- Development plan policies
- Policy 2Policy 36Policy SP1Policy SP5Policy SP9Policy ETC2Policy D1Policy D3Policy GB1Policy SLBE1Policy HOD2Policy HOD3
- National Planning Policy Framework
- Paragraph 137Paragraph 149Paragraph 150Paragraph 130Paragraph 148
- Judgments
- 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
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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The authority’s record since 2016 · every decision in 2021
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- Allowed7 July 20266004178Land off Barkway Road and North of Flint Hall, Barkway Road, Easting: 536403; Northing: 239870, Royston, SG8 9DF
- Dismissed7 May 20263375383Land At Chruch Wood, Three Houses Lane, Codicote, Hertfordshire, SG4 8
- Allowed4 March 20266000934Pulmer Water Caravan Site, St Albans Road, Codicote, Hertfordshire, SG4 8SP
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.
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