Planning appeal decision
The Old Orchard, Land East of Badgeworth Manor, Badgeworth, Cheltenham, Gloucestershire, GL51 4UL
Planning appeal 3271802 at The Old Orchard, Land East of Badgeworth Manor, Badgeworth, Cheltenham, Gloucestershire, GL51 4UL (Tewkesbury Borough Council) was dismissed on 18 August 2021 by Inspector O'Connor H, 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 any relevant development plan policies.
the erection of a single detached dwellinghouse with associated parking and landscaping
- Authority
- Tewkesbury Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- O'Connor H
- Postcode
- GL51 4UL
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
- The effect on the openness of the Green Belt
- Whether the site provides a suitable location for residential development having regard to local planning policies
- The effect of the proposal on the character and appearance of the area having particular regard to the setting of Badgeworth Manor, a Grade II listed building
- If inappropriate, would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations. If so, would this amount to the very special circumstances required to justify the proposal
What decided it
The proposal would cause less than substantial but unacceptable harm to the significance of Badgeworth Manor, a designated heritage asset, and would constitute inappropriate development in the Green Belt, with these harms not clearly outweighed by the limited benefits of a single dwelling in an area of housing need.
The substantial weight given to harm to the Green Belt by reason of inappropriateness and moderate harm to openness, combined with significant weight to harm to the character and appearance of the area and the significance of the designated heritage asset, was not outweighed by the moderate weight given to housing supply benefits and limited economic benefits, such that very special circumstances did not exist.
What the Inspector cited
- Development plan policies
- Policy SD5 JCSPolicy SP2 JCSPolicy SD10 JCSPolicy SD4 JCSPolicy SD6 JCSPolicy SD8 JCSPolicy RES4 TBP (emerging)
- National Planning Policy Framework
- Paragraph 11Paragraph 79Paragraph 124Paragraph 130Paragraph 138Paragraph 148Paragraph 149Paragraph 150Paragraph 199Paragraph 202
- Judgments
- R (Tate) v Northumberland County Council [2018] EWCA Civ 1519
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 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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