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Planning appeal decision

Dismissed16 August 20223292823

Land to the South Currells Lane, Felton, BS40 9XF

‘Permission in principle for between 2 and 5 dwellings’

Authority
North Somerset Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Law T

Main issues, as the Inspector framed them

  • Whether it would be inappropriate development in the Green Belt
  • Its effect on the openness of the Green Belt
  • Access to services
  • The character and appearance of the area
  • Whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations and whether these would amount to the very special circumstances necessary to justify the proposal

What decided it

The proposal constitutes inappropriate development in the Green Belt with unacceptable harm to openness, and no very special circumstances exist to justify it, particularly given the unsustainable location and harm to character and appearance.

The tilted balance under paragraph 11 of the Framework was engaged due to the Council's inability to demonstrate five-year housing land supply, but the clear harm to the Green Belt (a policy area of particular importance) provided a clear reason for refusal that outweighed the presumption in favour of sustainable development.

Framework references: 11, 130, 137, 147, 149, 150

Plan policies cited: Policy CS1, Policy CS5, Policy CS6, Policy CS12, Policy CS13, Policy CS14, Policy CS32, Policy CS33, Policy DM10, Policy DM12, Policy DM32, Policy DM37, Policy SA2

Judgments cited: Julian Wood v SSCLG & Gravesham BC 21015

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.