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Dismissed11 January 20233299298

Land to the West of Healds Green, Chadderton, Oldham, OL1 2SP

Planning appeal 3299298 at Land to the West of Healds Green, Chadderton, Oldham, OL1 2SP (Oldham Metropolitan Borough Council) was dismissed on 11 January 2023 by Inspector Williamson J, by written representations. The main issue, as the Inspector framed it: whether the proposal constitutes inappropriate development in the Green Belt, having regard to any relevant development plan policies and policies in the Framework.

infill development (16 No. dwellings), new access roads from Healds Green and Heights Lane, provision of community car parking (20 spaces), and double garage for No. 33 Healds Green with extended curtilage

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Williamson J
Postcode
OL1 2SP

Main issues, as the Inspector framed them

  • whether the proposal constitutes inappropriate development in the Green Belt, having regard to any relevant development plan policies and policies in the Framework
  • if the proposed development is inappropriate development, its effect on the openness of the Green Belt
  • whether the proposal makes appropriate provision for affordable housing, having regard to relevant development plan policies and the Framework
  • whether the proposal makes appropriate provision for public open space, having regard to relevant development plan policies and the Framework
  • the effect of the proposal on the living conditions of occupiers of existing neighbouring properties (in particular, dwellings on Healds Green)
  • whether the proposal would provide satisfactory living conditions for future occupiers
  • whether the proposal would have an unacceptable impact on highway safety
  • if the development is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations that amount to the very special circumstances (VSCs) required to justify the development

What decided it

The proposal constitutes inappropriate development in the Green Belt causing significant harm to its openness and encroaching into the countryside, and this harm is not clearly outweighed by other considerations amounting to very special circumstances.

The substantial harm to the Green Belt by reason of inappropriateness and significant impacts on openness, combined with failures to provide adequate affordable housing, public open space, and satisfactory living conditions, and unresolved highway safety concerns, were not outweighed by the modest economic benefits and contribution to housing supply.

What the Inspector cited

Development plan policies
Policy 22 of the Oldham Local Development Framework Development Plan Document: Joint Core Strategy and Development Management Policies, 2011Policy 10 of the LDFPolicy 23 of the LDFPolicy 9 of the LDFPolicy 5 of the LDF
National Planning Policy Framework
Paragraph 11Paragraph 48Paragraph 137Paragraph 138Paragraph 145Paragraph 147Paragraph 148Paragraph 149Paragraph 111Paragraph 130
Judgments
Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195; R (Tate) v Northumberland County Council [2018] Civ 1519

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.

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