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Notice varied and upheld18 February 20223273084

Slackfields Farm Slackfields Lane, Wharncliffe Side, Sheffield, S35 0DU

Planning appeal 3273084 at Slackfields Farm Slackfields Lane, Wharncliffe Side, Sheffield, S35 0DU (Sheffield City Council) was allowed in part (a split decision) on 18 February 2022 by Inspector Harbottle M, following an inquiry. The main issue, as the Inspector framed it: Whether it is inappropriate development in the Green Belt (‘the GB’).

the erection of a dwellinghouse and associated outbuilding (together “the unauthorised development”)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Harbottle M
Postcode
S35 0DU

Main issues, as the Inspector framed them

  • Whether it is inappropriate development in the Green Belt (‘the GB’)
  • Its effect on the openness and purposes of including land in the GB
  • Whether it is consistent with locational policies of the development plan, including whether those policies are consistent with the National Planning Policy Framework (‘the Framework’)
  • Its effect on landscape character
  • If it 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 harm to the openness and purposes of the Green Belt from the inappropriate, unauthorised dwellinghouse was not clearly outweighed by the other considerations advanced, so very special circumstances did not exist.

The substantial harm to Green Belt openness was weighed against the significant weight given to the human rights of the appellants and their dependent granddaughter and the limited weight given to other considerations (planning history, fallback storage use, housing supply, affordable housing, self-build, Council conduct), and the harm was not clearly outweighed, so the balance tipped against the appeal.

What the Inspector cited

Development plan policies
Policy CS71 (Sheffield Core Strategy)saved policy GE1 (Sheffield UDP)saved policy GE3 (Sheffield UDP)saved policy GE5 (Sheffield UDP)policy CS41 (Sheffield Core Strategy)
National Planning Policy Framework
Paragraph 149Paragraph 138
Judgments
Singh v SSCLG & Sandwell BC [2010] EWHC 1621 (Admin); [2011] JPL 777

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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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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