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Planning appeal decision

Dismissed16 January 20233300266

The Gallops Elm Lane, Roxwell, CHELMSFORD, CM1 4NJ

change of use of land to residential garden and construction of outbuilding. Retrospective application for construction of car port and outbuilding

Authority
Chelmsford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Dyer I

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework 2021 and relevant development plan policies, including any relevant effects on the openness of the Green Belt
  • The effect of the proposed development on the setting of Mountneys, a Grade II Listed Building
  • Whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposal would constitute inappropriate development in the Green Belt causing significant harm to openness and the countryside, combined with less than substantial harm to the setting of a Grade II Listed Building, with insufficient public benefits to outweigh these harms and establish very special circumstances.

Framework references: 149, 150, 147, 148, 202

Plan policies cited: Policy S1, Policy S11, Policy DM10, Policy DM6, Policy DM13

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.