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Planning appeal decision

Notice varied and upheld18 February 20223273084

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

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

Authority
Sheffield City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Harbottle M

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.

Framework references: 149, 138

Plan policies cited: 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)

Judgments cited: Singh v SSCLG & Sandwell BC [2010] EWHC 1621 (Admin); [2011] JPL 777

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.