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Notice varied and upheld4 January 20223269939

New House Farm, Grafton Lane, Grafton, Herefordshire, HR2 8BL

Planning appeal 3269939 at New House Farm, Grafton Lane, Grafton, Herefordshire, HR2 8BL (Herefordshire Council) was allowed in part (a split decision) on 4 January 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether there is a sustained essential functional need for the development.

Retrospective planning permission for temporary use of mobile home as a residence for a field manager. Summary

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moss J
Postcode
HR2 8BL

Main issues, as the Inspector framed them

  • Whether there is a sustained essential functional need for the development

What decided it

The absence of a sustained essential functional need for residential occupation at the site, as required by policies RA3 and RA4, combined with the unsustainable location and limited benefits that do not outweigh the harms when assessed against the Framework.

The limited benefits of the development (reduced car movements, modest housing contribution, improved site security) are significantly and demonstrably outweighed by the adverse impacts (unsustainable location, conflict with development plan strategy) when assessed against the policies in the Framework taken as a whole.

What the Inspector cited

Development plan policies
Policy RA3 (Herefordshire's Countryside)Policy RA4 (Agricultural, forestry and rural enterprise dwellings)Policy CH1 (Protecting and enhancing the rural landscape)
National Planning Policy Framework
Paragraph 11Paragraph 68Paragraph 78Paragraph 79
Judgments
Essex Water Co v SSE [1989] JPL 914

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.