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Dismissed16 February 20223282040

Land at Barton End, Horsely, Nailsworth, GL6 0QQ

Planning appeal 3282040 at Land at Barton End, Horsely, Nailsworth, GL6 0QQ (Stroud District Council) was dismissed on 16 February 2022 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application for a certificate of lawfulness was well-founded.

The use of the land as agricultural land, as defined in Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

Authority
Stroud District Council
Appeal type
major · Lawful Development Certificate
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Curnow R
Postcode
GL6 0QQ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the application for a certificate of lawfulness was well-founded

What decided it

The Appellant failed to demonstrate on the balance of probability that the land was used for the purposes of a trade or business at the time the application was made, which is a requirement of the Class A definition of 'Agricultural Land'.

What the Inspector cited

Judgments
Belmont Farm v MHLG [1962] 13 P&CR 417

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 Stroud

The authority’s record since 2016 · every decision in 2022

  1. Dismissed23 October 20266010245
    Bassett Court Farm, North Nibley, GL11 6DQ
  2. Allowed14 October 20266006756
    Land at Haines Green, Edge Road, Painswick, Gl5 6NE
  3. Allowed13 October 20266009483
    Land Northwest of Stonehouse, Grid Ref Easting: 379777. Grid Ref Northing: 207047, Stonehouse, Gl10 3WP
  4. Allowed5 October 20266007595
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  5. Dismissed29 September 20266005652
    Agricultural Barn, Upton Hill, Upton St Leonards, GL4 8DF

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.