Planning appeal decision
Land adjoining Moss House Farm,, Eardley End Road, Bignall End, Stoke on Trent, ST7 8NB
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
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.
Framework references: 149, 147
Plan policies cited: Policy S3
Judgments cited: Amber Valley BC and SSCLG [2009]EWHC 3466 (Admin); Oates and SSCLG [2018]EWCA Civ 2229
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.
®