®Planning appeal decision
Land at Buckstones Road, Shaw, Oldham, OL2 8LJ
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
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.
Framework references: 11, 56, 145, 148, 149
Plan policies cited: Policy 22 of the Council's Local Development Framework, Development Plan Document, Joint Core Strategy and Management Policies 2011
Judgments cited: Turner v Secretary of State for Communities and Local Government and East Dorset Council [2016] EWCA Civ 466
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.