®Planning appeal decision
Land at Buckstones Road, Shaw, Oldham, OL2 8LJ
Planning appeal 3271657 at Land at Buckstones Road, Shaw, Oldham, OL2 8LJ (Oldham Metropolitan Borough Council) was allowed on 18 October 2021 by Inspector Johnson W, by written representations. The main issue, as the Inspector framed it: whether the proposed development would be inappropriate development in the Green Belt.
a dwellinghouse with lower ground floor and associated garden and parking area
- Authority
- Oldham Metropolitan Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Johnson W
- Postcode
- OL2 8LJ
Main issues, as the Inspector framed them
- whether the proposed development would be inappropriate development in the Green Belt
- the effect of the proposed development on openness of the Green Belt
- if the proposal is inappropriate development, whether harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development
What decided it
The presence of an extant fallback permission for a larger scheme, combined with the proposed development's superior design approach and comparable scale, clearly outweighed the harm to Green Belt openness and inappropriateness, establishing very special circumstances.
The harm to the Green Belt by reason of inappropriateness and loss of openness was clearly outweighed by the other considerations, particularly the realistic fallback position of the extant previous scheme and the design improvements of the proposed development, establishing very special circumstances.
What the Inspector cited
- Development plan policies
- Policy 22 of the Council's Local Development Framework, Development Plan Document, Joint Core Strategy and Management Policies 2011
- National Planning Policy Framework
- Paragraph 11Paragraph 56Paragraph 145Paragraph 148Paragraph 149
- Judgments
- Turner v Secretary of State for Communities and Local Government and East Dorset Council [2016] EWCA Civ 466
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
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.