Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed11 January 20233299298

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

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

Authority
Oldham Metropolitan Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Williamson J

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.

Framework references: 11, 48, 137, 138, 145, 147, 148, 149, 111, 130

Plan policies cited: Policy 22 of the Oldham Local Development Framework Development Plan Document: Joint Core Strategy and Development Management Policies, 2011, Policy 10 of the LDF, Policy 23 of the LDF, Policy 9 of the LDF, Policy 5 of the LDF

Judgments cited: Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195; R (Tate) v Northumberland County Council [2018] Civ 1519

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.