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Allowed11 February 20223285237

119, Springhill Lane, Lower Penn, WV4 4TW

Planning appeal 3285237 at 119, Springhill Lane, Lower Penn, WV4 4TW (South Staffordshire District Council) was allowed on 11 February 2022 by Inspector Sutton A, by written representations. The main issue, as the Inspector framed it: Whether the condition is necessary and reasonable having regard to local and national policy concerning development in the Green Belt.

demolition of existing dwellinghouse and construction of new house and garage without complying with a condition attached to planning permission Ref 03/00173/FUL, dated 2 April 2003

Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Sutton A
Postcode
WV4 4TW

Main issues, as the Inspector framed them

  • Whether the condition is necessary and reasonable having regard to local and national policy concerning development in the Green Belt

What decided it

There is no clear justification under paragraph 54 of the Framework for withdrawing permitted development rights in the Green Belt, as the GPDO itself has not disapplied such rights and current policy does not require their removal solely because a replacement building is materially larger.

What the Inspector cited

Development plan policies
Policy GB1 of the South Staffordshire Core StrategyAlterations/extensions and replacement buildings in the Green Belt and Open Countryside Supplementary Planning Document
National Planning Policy Framework
Paragraph 11Paragraph 54Paragraph 56Paragraph 149Paragraph 150

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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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.