Planning appeal decision
The Paddocks, Hyde Lane, Cheltenham, Gloucestershire, GL50 4NZ
Planning appeal 3294031 at The Paddocks, Hyde Lane, Cheltenham, Gloucestershire, GL50 4NZ (Cheltenham Borough Council) was dismissed on 5 July 2022 by Inspector Davies H, 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 development plan and the National Planning Policy Framework, including the effect on the openness of the Green Belt.
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
- Postcode
- GL50 4NZ
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.
What the Inspector cited
- Development plan policies
- Policy SD5 of the Gloucester, Cheltenham and Tewksbury Joint Core Strategy 2017Policy GB2 of the Cheltenham Plan 2020
- National Planning Policy Framework
- Paragraph 149Paragraph 150Paragraph 11
- Judgments
- 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
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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- Allowed23 October 20266011141St Stephens Sports & Social Club, 52 Tivoli Street, Cheltenham, GL50 2UW
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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