Planning appeal decision
Land off Stockport Road, Lydgate, Oldham, OL4 4JJ
Planning appeal 3306367 at Land off Stockport Road, Lydgate, Oldham, OL4 4JJ (Oldham Metropolitan Borough Council) was dismissed on 28 February 2023 by Inspector Cullen F, following a hearing. 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 (the Framework) and any relevant development plan policies.
3 No. dwellings and associated works
- Authority
- Oldham Metropolitan Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Cullen F
- Postcode
- OL4 4JJ
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 (the Framework) and any relevant development plan policies
- The effect of the proposal on the openness of the Green Belt
- The effect of the proposal on the character and appearance of the surrounding area, with particular regard to the setting of the Lydgate Conservation Area (the LCA)
- Whether the proposal would preserve the settings of the nearby Grade II listed buildings
- If the proposal would be inappropriate development, whether any 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 substantial harm to the Green Belt by reason of inappropriateness and loss of openness, together with less than substantial heritage harm, was not clearly outweighed by the moderate benefits, so very special circumstances did not exist.
The substantial weight given to Green Belt harm (inappropriateness and loss of openness) combined with the considerable weight given to less than substantial heritage harm to the LCA and listed buildings was not clearly outweighed by the moderate weight attached to housing supply, economic and social benefits, so the appeal was dismissed.
What the Inspector cited
- Development plan policies
- Policy 22Policy 9Policy 20Policy 24
- National Planning Policy Framework
- Paragraph 11Paragraph 137Paragraph 147Paragraph 148Paragraph 149Paragraph 199Paragraph 200Paragraph 201Paragraph 202
- Judgments
- Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195; R (Tate) v Northumberland CC [2017] EWHC 664 (Admin)
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 appliedThe 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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