®Planning appeal decision
Land on the West Side of Newton Cottages, Middlewood, Dorstone, Hereford, HR3 5SX
Planning appeal 3272274 at Land on the West Side of Newton Cottages, Middlewood, Dorstone, Hereford, HR3 5SX (Herefordshire Council) was allowed on 15 December 2021 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: whether the location of the development is acceptable, having regard to access by the occupier to everyday services and facilities, as well as local planning policy on the location of such development and any exceptions to this policy.
Material change of use of land from agricultural use to a mixed use for agricultural use and to site a caravan for a residential purpose
- Authority
- Herefordshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Moss J
- Postcode
- HR3 5SX
Main issues, as the Inspector framed them
- whether the location of the development is acceptable, having regard to access by the occupier to everyday services and facilities, as well as local planning policy on the location of such development and any exceptions to this policy
- whether the appellant's personal circumstances are sufficient, either alone or considered together with any other material considerations, to outweigh any harm identified
What decided it
The appellant's exceptional personal circumstances, including disability, lack of alternative accommodation, and the likelihood of homelessness, combined with the temporary nature of the permission (2 years), justified granting permission despite conflict with the development plan.
The harm caused by the development's unsustainable location and conflict with the Council's housing strategy, limited in duration to 2 years and benefiting only the appellant, was outweighed by the significant weight attributed to the appellant's personal circumstances and the protection of his rights under Article 8 of the Human Rights Act.
What the Inspector cited
- Development plan policies
- Policy SS1Policy SS2Policy RA2Policy RA3Policy RA4Policy SS7Policy MT1
- National Planning Policy Framework
- Paragraph 79Paragraph 80Paragraph 68Paragraph 11
- Judgments
- Chapman v UK 18/01/2001; Buckley v United Kingdom [1996] JPL 386 (ECHR)
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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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.