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Planning appeal decision

Notice upheld10 March 20233272402

Land to the North-East Side off Harbet Road, London, E4 8QB

Planning appeal 3272402 at Land to the North-East Side off Harbet Road, London, E4 8QB (Waltham Forest London Borough Council) was dismissed on 10 March 2023 by Inspector Harbottle M, following a hearing. The main issue, as the Inspector framed it: Whether the depot use is inappropriate development in the Green Belt.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Other minor developments
Inspector
Harbottle M
Postcode
E4 8QB

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

What the Inspector cited

Development plan policies
Policy G2Policy G6Policy SI12Policy CS5Policy CS4Policy DM12Policy DM35Policy DM34
National Planning Policy Framework
Paragraph 150
Judgments
Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598

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.

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The decision letter

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More decisions in Waltham Forest London Borough Council

The authority’s record since 2016 · every decision in 2023

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.