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Planning appeal decision

Dismissed8 October 20213275008

Lord Byron House , Newstead Abbey Park, Nottingham, NG15 8GE

replacement dwelling and associated works, including demolition of existing buildings

Authority
Gedling Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pannell G

Main issues, as the Inspector framed them

  • whether or not the proposal would be inappropriate development in the Green Belt
  • the effect of the proposal on the openness of the Green Belt
  • if the development is inappropriate, 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 necessary to justify the development

What decided it

The substantial harm to the Green Belt through inappropriate development and loss of openness, which the Framework requires to be given substantial weight, was not clearly outweighed by the material considerations advanced.

The considerable weight given to the improved sustainability and design of the replacement dwelling and limited weight to fallback positions did not clearly outweigh the substantial weight required to be given to the harm to the Green Belt.

Framework references: 11, 137, 147, 148, 149

Plan policies cited: Policy LPD14, Policy 3 of the Aligned Core Strategy 2014

Judgments cited: Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314

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.