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Allowed20 October 20223295556

Land Adjacent to HMP Garth and HMP Wymott, Leyland, PR26 8NH

Planning appeal 3295556 at Land Adjacent to HMP Garth and HMP Wymott, Leyland, PR26 8NH (Chorley Borough Council) was allowed on 20 October 2022 by Inspector Gilbert-Wooldridge T, following an inquiry. The main issue, as the Inspector framed it: Highway Safety.

Hybrid application for outline planning permission (access, parking and landscaping only) for a new prison (up to 74,531.71 sqm GEA, Class C2A) within a secure perimeter fence following demolition of existing buildings, together with associated engineering works; outline planning permission for a replacement boiler house (access only); and full planning permission for a replacement bowling green and club house (Class F2(c))

Authority
Chorley Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
community-institutional · Other Major Developments
Inspector
Gilbert-Wooldridge T

Main issues, as the Inspector framed them

  • Highway Safety
  • Flood risk
  • Green Belt openness and purposes
  • Character and appearance
  • Living conditions
  • The need for the development

What decided it

The resolution of the previously outstanding highway safety objections during the reopened inquiry, which reduced that harm to only moderate weight, meant that the substantial and urgent need for the prison together with the other benefits clearly outweighed the Green Belt and other harms, establishing very special circumstances.

the substantial harm to the Green Belt and other harms (significant harm to character and appearance, moderate weight highway safety and flood risk harm, moderate loss of playing field, minor heritage harm, limited BMV agricultural land loss) were clearly outweighed by the benefits (significant weight to need, modern prison benefits, economic benefits and the replacement bowling green, moderate weight to Pump House Lane upgrades and environmental benefits, and little weight to the lack of alternative sites), such that very special circumstances existed justifying the grant of permission

What the Inspector cited

Development plan policies
Policy BNE1Policy BNE1(b)Policy BNE1(c)Policy BNE1(d)Policy BNE1(g)Policy BNE5Policy ST1Policy HW2Policy M2
National Planning Policy Framework
Paragraph 48Paragraph 56Paragraph 57Paragraph 168Paragraph 115Paragraph 110Paragraph 111Paragraph 113Paragraph 81Paragraph 99Paragraph 119Paragraph 120Paragraph 137Paragraph 138Paragraph 147Paragraph 148Paragraph 149Paragraph 150Paragraph 174Paragraph 203
Judgments
R (Wildie) v Wakefield Metropolitan District Council [2013] EWHC 2769 (Admin); Wychavon DC v SSCLG [2008] EWCA Civ 692; Trusthouse Forte Hotels Ltd v Secretary of State for the Environment [1986] 53 P&CR 293; R (Save Stonehenge World Heritage Site Ltd) v Secretary of State for Transport [2021] EWHC 2161 (Admin); R (Jones) v North Warwickshire Borough Council [2001] 2 PLR 59; R (oao Hawkhurst PC) v Tunbridge Wells BC [2020] EWHC 3019 (Admin); East Meon Forge v East Hampshire DC [2014] EWHC 3543 (Admin); Visao Ltd v SSHCLG [2019] EWHC 276; Satnam Millenium Ltd v SSHCLG [2019] EWHC 2631 (Admin); R (Heath and Hampstead Society) v Camden LBC [2007] EWHC 977 (Admin); Turner v SSCLG [2016] EWCA Civ 466

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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More decisions in Chorley Borough Council

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

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  3. Dismissed6 October 20266013193
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  4. Dismissed6 October 20266012610
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  5. Allowed29 September 20266013087
    39 Cowling Brow, Chorley, PR6 0QE

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.