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Notice varied and upheld23 November 20233313844

Atlanta, Wargrave Road, Remenham, Wokingham, RG9 3JD

Planning appeal 3313844 at Atlanta, Wargrave Road, Remenham, Wokingham, RG9 3JD (Wokingham Borough Council) was allowed in part (a split decision) on 23 November 2023 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (Framework) and the development plan.

the erection of an infill front extension, timber decking, roof to storage area and installation of a replacement flue (retrospective). Summary

Authority
Wokingham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Freer P
Postcode
RG9 3JD

Main issues, as the Inspector framed them

  • whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (Framework) and the development plan
  • the effect of the development, if any, on the character and appearance of the area
  • whether the development increases the risk of flooding on the site and elsewhere
  • if the breach of planning control alleged in the notice is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development
  • whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well founded

What decided it

The finding that Building A and the decking constituted inappropriate new development causing harm to Green Belt openness and increased flood risk, unmitigated by any very special circumstances.

Substantial weight attached to Green Belt harm from inappropriateness and significant weight to flood risk were not clearly outweighed by the limited/minimal weight given to the appellant's countervailing considerations, so very special circumstances did not exist and permission was refused.

What the Inspector cited

Development plan policies
Policy TB01Policy CP12Policy CP3Policy CP11Policy CC03Policy TB21Policy CC09
National Planning Policy Framework
Paragraph 149Paragraph 147Paragraph 137Paragraph 148
Judgments
Gravesham BC v SSE & O'Brien [1983] JPL 306; Impey v SSE & Lake District SPB [1981] JPL 363; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; Oates v SSCLG & Canterbury CC [2018] EWCA Civ 2229; Sage v SSETR & Maidstone BC [2003] UKHL 22; R v E Sussex CC ex parte Reprotech (Pebsham) Ltd [2002] UKHL 8

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 Wokingham Borough Council

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

  1. Notice varied and upheld1 May 20263346384
    Old Billingbear Brickworks, Carters Hill, Binfield, Wokingham, RG40 5RS
  2. Notice varied and upheld4 March 20263358834
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  3. Planning permission granted16 January 20253342197
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  4. Notice varied and upheld7 January 20253311592
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  5. Notice varied and upheld9 December 20243344473
    Brookfield Farm Old Wokingham Road, Wokingham, RG40 3BU

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.