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Planning appeal decision

Dismissed28 October 20213276780

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

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

Authority
Wiltshire Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jones RE

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.

Framework references: 11, 149, 174, 176, 177, 80

Plan policies cited: Core Policy 51, Core Policy 7, Core Policy 2, Core Policy 60, Core Policy 61, Core Policy 1

Judgments cited: 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)

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.