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Planning appeal decision

Dismissed27 October 20213275107

Land 185 metres North West of Rutters Hall, Kinwalsey Lane, Kinwalsey, CV7 7HT

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

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.

Framework references: 149, 138, 80, 11

Plan policies cited: 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)

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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.