Planning appeal decision
Land to the north-east side off Harbet Road, London, E4 8QB
without planning permission: (1) The material change of use of the land from open scrub and grass land on undeveloped Green Belt land to use as a depot for parking motor vehicles including (HGVs) heavy goods vehicles (Use Class sui generis); and (2) The following operational development which facilitates the unauthorised material change of use: The erection of a single storey portacabin and the laying of a hardstanding
- Authority
- Waltham Forest London Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- employment-industrial · Other minor developments
- Inspector
- Harbottle M
Main issues, as the Inspector framed them
- Whether the depot use is inappropriate development in the Green Belt
- Its effects on the openness and purposes of including land in the GB
- Its effect on biodiversity interest
- Flood risk
- If the depot use is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The substantial harm to the Green Belt from inappropriate development and loss of openness was not clearly outweighed by the other considerations advanced, so very special circumstances did not exist.
the substantial harm to the Green Belt by reason of inappropriateness and loss of openness was not clearly outweighed by the other considerations (site history, security needs, economic benefits) to which only little weight was attached, so very special circumstances did not exist and the balance tipped against the development
Framework references: 150
Plan policies cited: Policy G2, Policy G6, Policy SI12, Policy CS5, Policy CS4, Policy DM12, Policy DM35, Policy DM34
Judgments cited: Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598
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.
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