Planning appeal decision
Atcost Barn, Glen Farm, Sandy Lane, Lower Failand, BS8 3SE
described on the application form as, “Replacement of existing building to create new dwelling including building operations (alterations to Prior Approval ref: 19/P/1343/CQA for the change of use of an agricultural building (Sui Generis Use) to 1no. dwelling house (Use class C3))
- Authority
- North Somerset Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- O'Doherty A
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 of the proposal on the openness of the Green Belt
- whether the appeal site is in a suitable location for new housing, having regard to the proximity to local services
- 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 required to justify the proposal
What decided it
The substantial harm to the Green Belt by reason of inappropriateness and reduced openness, together with the unsustainable location, are not clearly outweighed by the moderate weight given to the housing land supply shortfall, fallback position, and other benefits, such that very special circumstances do not exist.
The substantial weight given to harm to the Green Belt (inappropriateness and loss of openness) and limited weight given to the unsustainable location were not clearly outweighed by moderate weight for the fallback position and housing land supply shortfall, moderate weight for one self-build dwelling on a small site, and limited weight for environmental and economic benefits, resulting in the balance tipping against the proposal.
Framework references: 11, 14, 47, 48, 49, 50, 64, 69, 81, 105, 147, 148, 149, 150
Plan policies cited: Policy DM12, Policy DM32, Policy DM44, Policy DM45, Policy CS1, Policy CS6, Policy CS14, Policy CS33
Judgments cited: Gambone v SSCLG [2014] EWHC 952 (Admin); 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.
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