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Planning appeal decision

Dismissed27 April 20233312766

THE GRANARY, CHURCH ROAD, BAGINTON, CV8 3AR

the erection of a single-storey dwelling

Authority
Warwick District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Felgate J

Main issues, as the Inspector framed them

  • whether the proposed development would accord with the relevant local and national policies relating to development in Green Belts
  • whether the development would accord with other relevant policies relating to the location of new housing development in the District
  • the development's effects on the character and appearance of the area, including its effects on the Baginton Conservation Area
  • the effects on highway safety
  • whether any other matters add weight in favour of the development
  • if the development is found to cause harm to the Green Belt, whether that harm, together with any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances that are necessary to justify development in Green Belts

What decided it

The substantial harm to the Green Belt through inappropriateness and loss of openness, combined with harm to the conservation area and conflict with housing location policy, is not clearly outweighed by the moderate benefits claimed, and very special circumstances do not exist.

The substantial harm to the Green Belt and other harms (conflict with housing location policy and less-than-substantial harm to the conservation area) clearly outweigh the moderate benefits for housing provision and the local economy, and very special circumstances do not exist to justify the development.

Framework references: 137, 147, 148, 149, 199, 200, 201, 202

Plan policies cited: Policy DS18, Policy H1, Policy H10, Policy H11, Policy BE1, Policy HE1, Policy TR1, Policy BAG3

Judgments cited: J Wood v Secretary of State for Communities and Local Government and Gravesham BC [2015] EWCA Civ 195

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.