Planning appeal decision
Land North-West of Moat Farm Barns, The Tye, Barking, Suffolk, IP6 8JE
Planning appeal 3286408 at Land North-West of Moat Farm Barns, The Tye, Barking, Suffolk, IP6 8JE (Mid Suffolk District Council) was dismissed on 10 March 2023 by Inspector Simpson L, following a hearing. The main issue, as the Inspector framed it: Whether the site is suitable for the proposed development with regard to the Council's strategy for the location of residential development and in particular, whether there is a proven, essential and immediate need for a rural worker's dwelling in the location proposed.
described on the planning application form as ‘Change of use of land - Erection of 1no, two storey, self-build/agricultural workers dwelling, integral office/garage/store utilising existing vehicular access
- Authority
- Mid Suffolk District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Simpson L
- Postcode
- IP6 8JE
Main issues, as the Inspector framed them
- Whether the site is suitable for the proposed development with regard to the Council's strategy for the location of residential development and in particular, whether there is a proven, essential and immediate need for a rural worker's dwelling in the location proposed
- The effect of the proposal on the character and appearance of the local area including consideration of the special attention that should be paid to the desirability of preserving the setting of the nearby Grade II listed buildings
What decided it
The absence of a proven, essential and immediate need for a rural worker's dwelling in this isolated location, resulting in conflict with the development plan's strategy for locating residential development.
the limited economic and social benefits of the additional dwelling did not outweigh the harm caused to the Council's strategy for the location of residential development, so the proposal conflicted with the development plan taken as a whole
What the Inspector cited
- Development plan policies
- Policy CS2Policy H10Policy GP1Policy HB1
- National Planning Policy Framework
- Paragraph 80Paragraph 130Paragraph 11
- Judgments
- Braintree District Council v Secretary of State for Communities and Local Government, Greyread Limited & Granville Development Limited [2017]; Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610
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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The authority’s record since 2016 · every decision in 2023
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- Quashed On Legal Grounds1 September 20263344278Walnut Meadown, Back Lane, Baylham, Ipswich, IP6 8LE
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.
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