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Planning appeal decision

Notice varied and upheld9 March 20233289755

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

Authority
Sheffield City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
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 Green Belt harm from inappropriateness and loss of openness (Appeal B) and the harm to highway and pedestrian safety from unauthorised access (Appeal A) were not outweighed by the limited countervailing considerations, so both appeals on ground (a) failed.

the substantial harm to the Green Belt by reason of inappropriateness and to openness was not clearly outweighed by the other considerations advanced (temporary harm from restoration works, an unrealistic fallback position, and a proposed condition removing permitted development rights), so very special circumstances did not exist and permission was refused

Framework references: 56, 111, 112, 137, 138, 147, 148, 149, 150

Plan policies cited: Saved Policy H14, Saved Policy BE9, Saved Policy GE1, Saved Policy GE3

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.