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Planning permission granted31 January 20223273979

Land Adjoining Moss House Farm,, Eardley End Road, Bignall End, Stoke on Trent, ST7 8NB

Planning appeal 3273979 at Land Adjoining Moss House Farm,, Eardley End Road, Bignall End, Stoke on Trent, ST7 8NB (Newcastle-under-Lyme Borough Council) was allowed on 31 January 2022 by Inspector Griffin E, following a hearing. The main issue, as the Inspector framed it: Whether the carrying out of operational development comprising the reconstruction of a building following partial demolition to create a new building amounts to inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.

Without planning permission, the rebuilding of a barn known as Barn 2 to provide 2 dwellings (the buildings) shown edged red on the attached plan marked “ Plan 2

Authority
Newcastle-under-Lyme Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Griffin E
Postcode
ST7 8NB

Main issues, as the Inspector framed them

  • Whether the carrying out of operational development comprising the reconstruction of a building following partial demolition to create a new building amounts to inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
  • The effect of the development on the openness of the Green Belt and purposes of including land within it
  • Whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations and, if so, would this amount to the very special circumstances required to justify the development

What decided it

The very substantial weight attached to the appellant's personal circumstances and to the significant practical and visual harm that would result from partial demolition of the building clearly outweighed the identified Green Belt harm, establishing very special circumstances.

Very substantial weight to the appellant's personal circumstances and the harm from demolition, together with substantial weight to design/scale considerations, clearly outweighed the substantial Green Belt harm from inappropriateness and the limited harm to openness, amounting to very special circumstances justifying the development.

What the Inspector cited

Development plan policies
Policy S3
National Planning Policy Framework
Paragraph 149Paragraph 147
Judgments
Amber Valley BC and SSCLG [2009]EWHC 3466 (Admin); Oates and SSCLG [2018]EWCA Civ 2229

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 authority’s record since 2016 · every decision in 2022

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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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