®Planning appeal decision
Land 185 Metres North West of Rutters Hall, Kinwalsey Lane, Kinwalsey, CV7 7HT
Planning appeal 3275107 at Land 185 Metres North West of Rutters Hall, Kinwalsey Lane, Kinwalsey, CV7 7HT (North Warwickshire Borough Council) was dismissed on 27 October 2021 by Inspector Walmsley R, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.
the erection of a new detached dwelling house and detached garage
- Authority
- North Warwickshire Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Walmsley R
- Postcode
- CV7 7HT
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
- the effect on the openness of the Green Belt
- the relationship to the development strategy for the area
- whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, and if so, whether this would amount to the very special circumstances required to justify the proposal
What decided it
The substantial harm to the Green Belt through inappropriateness and loss of openness was not clearly outweighed by other considerations, and therefore very special circumstances did not exist to justify the development.
The substantial harm to the Green Belt by reason of inappropriateness and loss of openness, together with conflict with development strategy policies, was not clearly outweighed by moderate weight given to social, economic and ecological benefits, resulting in the appeal being dismissed.
What the Inspector cited
- Development plan policies
- Policy LP3 of the emerging draft Local Plan (2018) including modifications (July 2021)Policy NW2 of the Core Strategy (2014)Policy LP2 of the emerging draft Local Plan (2018) including modifications (July 2021)
- National Planning Policy Framework
- Paragraph 149Paragraph 138Paragraph 80Paragraph 11
- Judgments
- Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.