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Planning appeal decision

Dismissed14 February 20233298330

Land East Of Aldridge Court Nursing Home, Stables, Little Aston Road , Aldridge, WS9 0NN

demolition of the existing stable block and redevelopment of the site to provide one dwellinghouse and associated works

Authority
Walsall Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith H

Main issues, as the Inspector framed them

  • whether or not the proposal would be inappropriate development in the Green Belt
  • the effect of the proposal on the openness of the Green Belt
  • the effect of the proposal on the character and appearance of the area, including whether or not the proposal would preserve or enhance the character and appearance of the Aldridge Conservation Area and the effect on the setting of the non-designated heritage asset Aldridge Court
  • the effect of the proposal on highway safety
  • whether or not any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations and if so, whether this would amount to the very special circumstances required to justify the proposal

What decided it

The harm to the Green Belt by reason of inappropriateness and the harm to the character and appearance of the conservation area and heritage setting were not clearly outweighed by the limited benefits of a single dwelling, and the Green Belt harm provided a clear reason for refusal that engaged the exception in paragraph 11d) of the Framework.

The substantial harm to Green Belt openness and permanence and the substantial harm to the character and appearance of the conservation area and heritage setting were not outweighed by the limited weight attributable to the provision of one dwelling and modest economic benefits, and the Green Belt harm provided a clear reason for refusal under paragraph 11d) of the Framework.

Framework references: 11, 56, 110, 111, 137, 147, 148, 149, 202, 203

Plan policies cited: Policy ENV2, Policy ENV3, Policy GP2, Policy ENV32, Policy DW3, Policy ENV27, Policy T4, Policy GB1, Policy 3.2, Policy 3.5

Judgments cited: R (Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020]; Timmins v Gedling Borough Council [2014]; Turner v Secretary of State for Communities and Local Government [2016] EWCA Civ 466

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.