®Planning appeal decision
Woodland adjacent to Coppice Road, Lower Lydbrook as identified by Land Registry Title GR 123047, Gloucestershire, GL17 9RJ
Within the last 4 years and without planning permission, works in progress for the construction of a building ("th e building"), having the appearance of a dwelling house, with direct connection to the main grid electrical supply and the construction of adjoining stone walling, stone steps and associated groundworks ancillary to the construction of the building on the Land ("the unauthorised development")
- Authority
- Forest of Dean District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Minor Dwellings
- Inspector
- Hand S
Main issues, as the Inspector framed them
- Whether the residential use of the site had been abandoned (ground (c))
- Whether the development accords with housing policy and the settlement strategy
- Whether the site offers a genuine choice of transport modes / is locationally sustainable
- Whether safe vehicular access and parking can be provided (highway safety)
- The effect of the development on landscape character and design
What decided it
The combination of unsustainable location, inability to provide safe highway access, and landscape harm significantly and demonstrably outweighed the tilted-balance benefit of a single additional dwelling.
the benefit of providing one extra dwelling under the tilted balance was significantly and demonstrably outweighed by the harms from unsustainable location, unsafe highway access, and landscape harm
Framework references: 11, 8
Plan policies cited: Policy 28, CSP16, CSP4, AP1, CSP1
Judgments cited: Hughes v SSETR & South Holland DC [2000] EWCA Civ 506; The Trustees of the Castell-y-Mynach Estate v The Secretary of State for Wales and another [1984] CO/1459/83
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.