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Dismissed28 October 20213276780

Land Adjacent 12 Farleigh Rise, Monkton Farleigh, BA15 2QP

Planning appeal 3276780 at Land Adjacent 12 Farleigh Rise, Monkton Farleigh, BA15 2QP (Wiltshire Council) was dismissed on 28 October 2021 by Inspector Jones RE, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.

redevelopment of existing falconry aviary buildings on site to provide two dwellings

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jones RE
Postcode
BA15 2QP

Main issues, as the Inspector framed them

  • Whether the proposed development would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
  • The effect on the openness of the Green Belt
  • The effect on the character and appearance of the area, including the Cotswolds Area of Outstanding Natural Beauty (AONB)
  • Whether or not the proposed development would provide a suitable location for housing, having regard to the accessibility of services and facilities
  • The effect of the proposal on biodiversity
  • 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 proposal's failure to constitute limited infilling within a village, combined with moderate harm to Green Belt openness, detrimental effects on AONB character and appearance, unsuitability of location for housing, and unresolved biodiversity concerns, meant the identified harms were not clearly outweighed by other considerations to establish very special circumstances.

The limited and minor weight attributed to housing supply, economic benefits and charitable funding did not clearly outweigh the substantial weight given to harm to the Green Belt, moderate loss of openness, harm to AONB character and appearance, and unresolved biodiversity concerns, resulting in dismissal.

What the Inspector cited

Development plan policies
Core Policy 51Core Policy 7Core Policy 2Core Policy 60Core Policy 61Core Policy 1
National Planning Policy Framework
Paragraph 11Paragraph 149Paragraph 174Paragraph 176Paragraph 177Paragraph 80
Judgments
Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610; Turner v Secretary of State for Communities and Local Government [2016] EWCA Civ 466; Euro Garages Ltd v SSCLG & Anor [2018] EWHC 1753 (Admin)

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.

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The decision letter

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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.

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