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Dismissed24 November 20223294760

The Elms Farm, East Hewish Lane, Hewish, Somerset, BS24 6RZ

Planning appeal 3294760 at The Elms Farm, East Hewish Lane, Hewish, Somerset, BS24 6RZ (North Somerset Council) was dismissed on 24 November 2022 by Inspector O'Doherty A, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the host building and the surrounding area.

described on the application form as, “Extension & Additional Storey to open market permission 21/P/1800/FUL

Authority
North Somerset Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Doherty A
Postcode
BS24 6RZ

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the host building and the surrounding area
  • whether or not the appeal site is an acceptable location for the proposal, with respect to its vulnerability to flooding

What decided it

The failure to demonstrate that the sequential test for flood risk had been passed, combined with the disproportionate scale of the extension conflicting with Policy DM45, provided a clear reason for refusal under paragraph 11(d)(i) of the Framework, displacing the presumption in favour of sustainable development.

the benefits of the proposal, including housing contribution, farm diversification, renewable energy use, and the betterment over the fallback position, were outweighed by the significant harms of disproportionate extension to the barn and failure to pass the sequential flood risk test, which provided a clear reason for refusal under Framework paragraph 11(d)(i)

What the Inspector cited

Development plan policies
Policy DM45Policy CS3Policy DM1
National Planning Policy Framework
Paragraph 159Paragraph 164Paragraph 11
Judgments
Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.