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Dismissed14 July 20233318636

Land and Building at Elwell Lane, Winford, Somerset, BS40 8AH

Planning appeal 3318636 at Land and Building at Elwell Lane, Winford, Somerset, BS40 8AH (North Somerset Council) was dismissed on 14 July 2023 by Inspector Parker R, by written representations. The main issue, as the Inspector framed it: Whether the proposal accords with the provisions of Schedule 2, Part 3, Class Q of the GPDO, having regard to the extent of the building works, and if so, whether it would be acceptable in relation to transport and highways impacts, contamination risks on the site and whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to dwellings.

Change of use of an agricultural building and land forming the curtilage of the building to 2 dwellinghouses (Use class C3) and associated building operations

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Parker R
Postcode
BS40 8AH

Main issues, as the Inspector framed them

  • Whether the proposal accords with the provisions of Schedule 2, Part 3, Class Q of the GPDO, having regard to the extent of the building works, and if so, whether it would be acceptable in relation to transport and highways impacts, contamination risks on the site and whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to dwellings

What decided it

The poor visibility at the junction of Elwell Lane and Barrow Lane leading to an unacceptable risk of collision, which could not be mitigated and was not justified by past planning decisions or the appellant's arguments regarding traffic volume and nature.

What the Inspector cited

Judgments
Hibbitt and Another v. Secretary of State for Communities and Local Government and Rushcliffe Borough Council [2016] EWHC 2853 (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.

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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.

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