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Planning appeal decision

Notice upheld7 July 20233299687

Land at the Rear of the Birches, Hatton Road, Hinstock, Shropshire, TF9 2TX

Planning appeal 3299687 at Land at the Rear of the Birches, Hatton Road, Hinstock, Shropshire, TF9 2TX (Shropshire County Council) was dismissed on 7 July 2023 by Inspector Phillips A, following a hearing. The main issue, as the Inspector framed it: Whether the principle of the new development is acceptable in the open countryside.

i. Material change of use of agricultural land to mixed use agricultural and residential use following the erection of a structure in part used for human habitation in the approximate location marked with an ‘X’ on the attached plan. ii. Operational development on the land consisting of the erection of a building to facilitate agricultural storage and residential accommodation

Authority
Shropshire County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
agricultural · Change of use
Inspector
Phillips A
Postcode
TF9 2TX

Main issues, as the Inspector framed them

  • Whether the principle of the new development is acceptable in the open countryside
  • The effect on the character and appearance of the area
  • Whether the development provides a suitable standard of living accommodation for occupants with particular reference to the layout and facilities provided

What decided it

The absence of demonstrated functional and financial need for an essential rural worker's dwelling, combined with significant harm to the character and appearance of the countryside and inadequate living accommodation.

the identified harms to character and appearance and living conditions, together with the unproven need for the accommodation, were not outweighed by any benefits, resulting in conflict with the development plan as a whole

What the Inspector cited

Development plan policies
Policy CS5Policy CS7Policy CS11Policy CS12Policy CS6Policy CS17Policy MD1Policy MD7aPolicy MD2
Judgments
Cardiff Rating Authority and Cardiff Assessment Committee v Guest Keens [1949] 1 KB 385; Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] JPL 1025

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 Shropshire

The authority’s record since 2016 · every decision in 2023

  1. Allowed7 July 20263378204
    Orchard Cottage, Ashford Carbonell, Shropshire, SY8 4BX
  2. Notice upheld31 March 20263368306
    Land at Woodview , Newcastle on Clun, Shropshire, SY7 8PE
  3. Allowed30 March 20266003194
    Hengoed Fields, Upper Hengoed, Oswestry, Shropshire, SY10 7EY
  4. Notice upheld10 March 20263356617
    Caradoc Cottage, All Stretton, Church Stretton, SY6 7JN
  5. Planning permission granted30 December 20253333460
    Orchard Cottage, Ashford Carbonel, Ludlow, SY8 4BX

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.