Planning appeal decision
Lower Swain Royd Farm, Wilsden Road, Bradford, BD15 9AD
Planning appeal 3290265 at Lower Swain Royd Farm, Wilsden Road, Bradford, BD15 9AD (City of Bradford Metropolitan District Council) was dismissed on 22 April 2022 by Inspector Cragg D, 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 National Planning Policy Framework and any relevant development plan policies.
demolition of existing garage and construction of detached dwelling (revised scheme to planning application no 21/01400/FUL)
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Cragg D
- Postcode
- BD15 9AD
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate development in the Green Belt, having regard to the National Planning Policy Framework and any relevant development plan policies
- the effect of the proposal on the openness of the Green Belt and the purposes of including land within it
- the effect of the proposal on (i) the grade II listed Lower Swain Royd Farmhouse and integral barn, (ii) the living conditions of the occupiers of neighbouring properties with particular regard to outlook, and (iii) highway safety
- if the proposal is inappropriate development, whether harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
What decided it
The proposal is inappropriate development in the Green Belt that would cause substantial harm through loss of openness and would also cause less than substantial harm to heritage assets and residential amenity, which together are not clearly outweighed by the moderate benefits of housing delivery in the context of a shortfall in housing land supply.
The moderate positive weight given to housing delivery and limited positive weight to economic and social benefits and personal circumstances do not clearly outweigh the substantial weight given to harm to the Green Belt by reason of inappropriateness, loss of openness, and other harm to heritage assets and residential amenity.
What the Inspector cited
- Development plan policies
- Policy SC7Policy GB1Policy GB3Policy DS1Policy DS3Policy EN3Policy DS5Policy DS4Policy TS2
- National Planning Policy Framework
- Paragraph 149Paragraph 149eParagraph 199Paragraph 202Paragraph 11Paragraph 11dParagraph 11d(i)
- Judgments
- Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195; Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1) [2016] EWCA Civ 404
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 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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