Planning appeal decision
Land Adjacent Hilltop, 353 Tanworth Lane, Shirley, Solihull, West Midlands, B90 4DU
Planning appeal 3317196 at Land Adjacent Hilltop, 353 Tanworth Lane, Shirley, Solihull, West Midlands, B90 4DU (Solihull Metropolitan Borough Council) was dismissed on 28 September 2023 by Inspector Rawle S, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate in the Green Belt having regard to the National Planning Policy Framework and any other relevant development plan policies.
demolition of outbuilding, erection of 2no. new build dwellings including associated access/highways alterations and landscaping
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Rawle S
- Postcode
- B90 4DU
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate in the Green Belt having regard to the National Planning Policy Framework and any other relevant development plan policies
- the effect of the proposal on the openness of the Green Belt
- whether any harm by reason of inappropriateness, or other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development
What decided it
The proposal constitutes inappropriate development in the Green Belt that would cause substantial harm to openness, and this harm is not clearly outweighed by other considerations including the housing land supply shortfall, such that very special circumstances do not exist to justify the development.
The substantial harm to the Green Belt through inappropriateness and loss of openness was not clearly outweighed by the moderate social and economic benefits of two new dwellings and the housing land supply shortfall, therefore the balance did not favour the proposal.
What the Inspector cited
- Development plan policies
- Policy P17
- National Planning Policy Framework
- Paragraph 11Paragraph 147Paragraph 148Paragraph 149
- Judgments
- Julian Wood v The Secretary of State for Communities and Local Government and Gravesham Borough Council [2015] EWCA Civ 195
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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