Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed18 August 20213271802

The Old Orchard, Land east of Badgeworth Manor, Badgeworth, Cheltenham, Gloucestershire, GL51 4UL

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

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.

Framework references: 11, 79, 124, 130, 138, 148, 149, 150, 199, 202

Plan policies cited: Policy SD5 JCS, Policy SP2 JCS, Policy SD10 JCS, Policy SD4 JCS, Policy SD6 JCS, Policy SD8 JCS, Policy RES4 TBP (emerging)

Judgments cited: R (Tate) v Northumberland County Council [2018] EWCA Civ 1519

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.