®Planning appeal decision
Woodland Adjacent to Coppice Road, Lower Lydbrook As Identified by Land Registry Title Gr 123047, Gloucestershire, GL17 9RJ
Planning appeal 3278524 at Woodland Adjacent to Coppice Road, Lower Lydbrook As Identified by Land Registry Title Gr 123047, Gloucestershire, GL17 9RJ (Forest of Dean District Council) was dismissed on 31 October 2022 by Inspector Hand S, following an inquiry. The main issue, as the Inspector framed it: Whether the residential use of the site had been abandoned (ground (c)).
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
- Postcode
- GL17 9RJ
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
What the Inspector cited
- Development plan policies
- Policy 28CSP16CSP4AP1CSP1
- National Planning Policy Framework
- Paragraph 11Paragraph 8
- Judgments
- 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
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.