®Planning appeal decision
Land to the South Currells Lane, Felton, BS40 9XF
Planning appeal 3292823 at Land to the South Currells Lane, Felton, BS40 9XF (North Somerset Council) was dismissed on 16 August 2022 by Inspector Law T, by written representations. The main issue, as the Inspector framed it: Whether it would be inappropriate development in the Green Belt.
‘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
- Postcode
- BS40 9XF
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.
What the Inspector cited
- Development plan policies
- Policy CS1Policy CS5Policy CS6Policy CS12Policy CS13Policy CS14Policy CS32Policy CS33Policy DM10Policy DM12Policy DM32Policy DM37Policy SA2
- National Planning Policy Framework
- Paragraph 11Paragraph 130Paragraph 137Paragraph 147Paragraph 149Paragraph 150
- Judgments
- Julian Wood v SSCLG & Gravesham BC 21015
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.