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Planning appeal decision

Allowed30 November 20213276225

Land Between 17 And 23, Brooks Drive, Hale Barns, WA15 8TL

Planning appeal 3276225 at Land Between 17 And 23, Brooks Drive, Hale Barns, WA15 8TL (Trafford Metropolitan Borough Council) was allowed on 30 November 2021 by Inspector Taylor K, 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, 2021 and any relevant development plan policies.

outline planning permission for erection of three dwellings and associated access with all other matters reserved

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Taylor K
Postcode
WA15 8TL

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, 2021 and any relevant development plan policies
  • The effect of the proposal on the openness of the Green Belt
  • The effect of the proposal on the character and appearance of the area
  • If the proposal would be inappropriate development, would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposal constitutes limited infilling in a village under NPPF paragraph 149(e) and therefore is not inappropriate Green Belt development, combined with the Council's inability to demonstrate a five-year housing supply triggering the presumption in favour of sustainable development.

The benefits of securing new residential units and boosting housing supply, together with economic benefits from construction and local spend, outweighed any adverse impacts (none identified) under the tilted balance test applied due to the Council's substantial shortfall in five-year housing land supply.

What the Inspector cited

Development plan policies
Policy R4Policy W2Policy R2Policy L7
National Planning Policy Framework
Paragraph 11Paragraph 60Paragraph 112Paragraph 147Paragraph 149Paragraph 219
Judgments
Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL, 1982, P37]; Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195; Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1) [2016] EWCA Civ 404

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 applied

The decision letter

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More decisions in Trafford Metropolitan Borough Council

The authority’s record since 2016 · every decision in 2021

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.