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Dismissed25 November 20223289510

Land at Wharfeside, High Street, Boston Spa, Wetherby, LS23 6AN

Planning appeal 3289510 at Land at Wharfeside, High Street, Boston Spa, Wetherby, LS23 6AN (Leeds City Council) was dismissed on 25 November 2022 by Inspector Symmons E, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the revised Framework and any relevant development plan policies.

Demolition of existing buildings and construction of new garage with ancillary accommodation above as part of enlarged residential plot for 301 High Street; erection of 5 new dwellings along with associated works; alterations to Wharfeside including demolition and realignment of boundary walls facing High Street and Wharfeside and alterations of existing residential plots.

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Symmons E

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the revised Framework and any relevant development plan policies
  • the effect of the proposal on the openness of the Green Belt
  • the effect of the proposal on the character or appearance of Boston Spa Conservation Area, Strategic Green Infrastructure and Wharfe Valley and Chevin Ridge Key Corridor
  • whether the location of the development would conform to policy
  • the effect of the proposal on the housing mix and density of housing in the area
  • the effect of the proposal on biodiversity, trees and climate change
  • the effect of the proposal on highway safety and amenity of the Public Right of Way
  • whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the proposal

What decided it

The totality of harm to the Green Belt by reason of inappropriateness, combined with less than substantial harm to the conservation area and substantial harm to biodiversity, trees and the Strategic Green Infrastructure, is not clearly outweighed by the modest benefits of four additional dwellings and highway improvements, such that very special circumstances do not exist.

The modest benefits of four additional dwellings and highway improvements (attracting minor to moderate weight) do not outweigh the substantial harm to the Green Belt by reason of inappropriateness, the less than substantial harm to the Boston Spa Conservation Area (attracting great weight), and the substantial harm to biodiversity, trees, the Strategic Green Infrastructure and Key Corridor.

What the Inspector cited

Development plan policies
Policy N33Policy GB2Policy H2Policy H3Policy H4Policy SP13Policy G1Policy G2Policy P10Policy P11Policy P12Policy P10Policy T2Policy G8Policy G9Policy GP5Policy LD1Policy LD2Policy N19Policy N24Policy N25Policy N37APolicy BD5Policy BC7Policy LP1Policy Dev1Policy Dev2Policy Des1Policy Des2Policy T1Policy T2Policy T3Policy T4Policy AF1Policy LAND2
National Planning Policy Framework
Paragraph 149Paragraph 149(e)Paragraph 137Paragraph 147Paragraph 148Paragraph 131Paragraph 199Paragraph 110Paragraph 174Paragraph 202

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.

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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.

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