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Planning appeal decision

Dismissed5 July 20223294031

The Paddocks, Hyde Lane, Cheltenham, Gloucestershire, GL50 4NZ

demolition of the existing property and the construction of two 2 storey dwellings

Authority
Cheltenham Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Davies H

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the development plan and the National Planning Policy Framework, including the effect on the openness of the Green Belt
  • If the proposal is found to be inappropriate development, whether the 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 would have a greater impact on the openness of the Green Belt than the existing development and would not meet any of the exceptions to inappropriate development, and the harm to the Green Belt was not clearly outweighed by other considerations.

The substantial harm to the Green Belt and loss of openness was not clearly outweighed by the limited weight afforded to housing supply, economic benefits, energy efficiency, and redevelopment of a derelict site, such that very special circumstances were not demonstrated.

Framework references: 149, 150, 11

Plan policies cited: Policy SD5 of the Gloucester, Cheltenham and Tewksbury Joint Core Strategy 2017, Policy GB2 of the Cheltenham Plan 2020

Judgments cited: Athlone House Ltd v SSCLG [2015] EWHC 3524; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3

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.