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Dismissed2 November 20223295116

Atcost Barn, Glen Farm, Sandy Lane, Lower Failand, BS8 3SE

Planning appeal 3295116 at Atcost Barn, Glen Farm, Sandy Lane, Lower Failand, BS8 3SE (North Somerset Council) was dismissed on 2 November 2022 by Inspector O'Doherty A, 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 National Planning Policy Framework and any relevant development plan policies.

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))

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
O'Doherty A
Postcode
BS8 3SE

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.

What the Inspector cited

Development plan policies
Policy DM12Policy DM32Policy DM44Policy DM45Policy CS1Policy CS6Policy CS14Policy CS33
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 47Paragraph 48Paragraph 49Paragraph 50Paragraph 64Paragraph 69Paragraph 81Paragraph 105Paragraph 147Paragraph 148Paragraph 149Paragraph 150
Judgments
Gambone v SSCLG [2014] EWHC 952 (Admin); 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 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.