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Planning appeal decision

Dismissed13 September 20223294427

Land South of 29 Bescar Lane, Scarisbrick, Liverpool, L40 9QR

the erection of 4 dwellings with associated garden curtilages and communal courtyard / parking, bin and cycle stores, and hard and soft landscaping

Authority
West Lancashire District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Rafferty C

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 on the openness of the Green Belt
  • the effect of the development on the living conditions of residents of No. 29 Bescar Lane, with particular regard to privacy
  • whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the proposal

What decided it

The proposal fails to meet the limited infilling exception in paragraph 149(e) of the Framework because the site does not form part of the village and does not fill a gap in a built-up frontage, and the resulting harm to the Green Belt by reason of inappropriateness and loss of openness is not clearly outweighed by other considerations.

the harm to the Green Belt by reason of inappropriateness and loss of openness was not clearly outweighed by the moderate weight given to housing provision and the limited weight given to design quality, ecological gains, and economic benefits, such that very special circumstances do not exist

Framework references: 149, 11

Plan policies cited: Policy GN1, Policy GN3

Judgments cited: Wood v Secretary of State for Communities and Local Government [2014] EWHC 683 (Admin)

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.