Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed24 November 20223294760

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

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

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)

Framework references: 159, 164, 11

Plan policies cited: Policy DM45, Policy CS3, Policy DM1

Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314

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.