Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed6 October 20223296262

Bybrook Meadow, Ashley , Box, Wiltshire

Planning appeal 3296262 at Bybrook Meadow, Ashley , Box, Wiltshire (Wiltshire Council) was dismissed on 6 October 2022 by Inspector Cuthbert L, by written representations. The main issue, as the Inspector framed it: Whether the proposal is inappropriate development in the Green Belt having regard to relevant development plan and national planning policies, taking into account the effect on the openness of the Green Belt and the purposes of including land within it.

Change of use and conversion of agricultural building to a single dwelling with associated development, including installation of a septic tank

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Cuthbert L

Main issues, as the Inspector framed them

  • Whether the proposal is inappropriate development in the Green Belt having regard to relevant development plan and national planning policies, taking into account the effect on the openness of the Green Belt and the purposes of including land within it
  • Whether the proposed development would conserve or enhance the natural beauty of the landscape within the Cotswolds Area of Outstanding Natural Beauty
  • Whether the location of the proposed development is acceptable, having regard to the accessibility of services and facilities
  • If the development is inappropriate, would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The harm to the openness of the Green Belt, conflict with the purposes of the Green Belt, harm to the Cotswolds AONB, and unsuitability of the location for residential development were not clearly outweighed by other considerations, and very special circumstances did not exist to justify the development.

The moderate weight afforded to the re-use of a disused building and limited weight to other material considerations did not clearly outweigh the substantial harm to the Green Belt by reason of inappropriateness, the erosion of openness, conflict with Green Belt purposes, harm to the AONB, and unsuitability of location, resulting in dismissal of the appeal.

What the Inspector cited

Development plan policies
Core Policy 1Core Policy 2Core Policy 48Core Policy 51Core Policy 60Core Policy 61
National Planning Policy Framework
Paragraph 11Paragraph 80Paragraph 84Paragraph 110Paragraph 137Paragraph 138Paragraph 148Paragraph 149Paragraph 150Paragraph 176Paragraph 219
Judgments
Bernard Wheatcroft Ltd v SSE 1982

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

20 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Wiltshire

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

  1. Dismissed21 October 20266009225
    Land at Elms Farm, Elms Cross, BA15 2AL
  2. Dismissed11 June 20266003438
    Land South of 214B Corsham Road, Whitley, Melksham, SN12 8QF
  3. Allowed8 January 20263365948
    Heleigh Cottage, Bath Road, Middle Hill, Box, Corsham, Wiltshire, SN13 8QB
  4. Dismissed19 June 20253360203
    5 The Tynings, Box Hill, Corsham, SN13 8HQ
  5. Dismissed5 July 20243324550
    2 Warminster Road, Monkton Combe, Bath, Wiltshire , BA2 7HZ

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.