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Dismissed16 January 20233300266

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

Planning appeal 3300266 at The Gallops Elm Lane, Roxwell, Chelmsford, CM1 4NJ (Chelmsford Borough Council) was dismissed on 16 January 2023 by Inspector Dyer I, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
CM1 4NJ

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.

What the Inspector cited

Development plan policies
Policy S1Policy S11Policy DM10Policy DM6Policy DM13
National Planning Policy Framework
Paragraph 149Paragraph 150Paragraph 147Paragraph 148Paragraph 202

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.

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.