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Notice varied and upheld9 March 20233289754

Land at Slack Fields Lane and Storth Lane, Wharncliffe Side, Sheffield, S35 0DW

Planning appeal 3289754 at Land at Slack Fields Lane and Storth Lane, Wharncliffe Side, Sheffield, S35 0DW (Sheffield City Council) was allowed in part (a split decision) on 9 March 2023 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: The main issue is the effect of the development without compliance with condition 2 of the 1995 permission on highway and pedestrian safety.

Appeal A: use of the development permitted under the 1995 permission without complying with condition 2 (means of access); Appeal B: engineering operation to raise land levels, change of use of land from agriculture to residential garden use, and construction of a retaining wall

Authority
Sheffield City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Other minor developments
Inspector
Whitfield J
Postcode
S35 0DW

Main issues, as the Inspector framed them

  • The main issue is the effect of the development without compliance with condition 2 of the 1995 permission on highway and pedestrian safety.
  • Whether the development is inappropriate development in the Green Belt, having regard to relevant development plan policies and the Framework, including the effect of the development on the openness of the Green Belt.
  • If the development is inappropriate development, 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 required to justify the development.

What decided it

The unauthorised means of access caused harm to highway and pedestrian safety (Appeal A), and the Green Belt harm from inappropriateness and loss of openness was not clearly outweighed by other considerations, so very special circumstances did not exist (Appeal B).

Substantial weight given to Green Belt harm from inappropriateness and to openness was not clearly outweighed by the little or very little weight given to the temporary harm of restoration works, the alleged GPDO fallback wall, and a permitted development restriction condition, so very special circumstances were not established.

What the Inspector cited

Development plan policies
Saved Policy H14Saved Policy BE9Saved Policy GE1Saved Policy GE3
National Planning Policy Framework
Paragraph 56Paragraph 111Paragraph 112Paragraph 137Paragraph 138Paragraph 147Paragraph 148Paragraph 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.

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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.

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.