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Planning appeal decision

Dismissed18 September 20233318906

Land to the south of St Mary's Lane, Upminster, Upminster, RM14 2QH

erection of Acquired Brain Injury Unit and 9 affordable dwellings with associated access, landscaping, parking and infrastructure

Authority
London Borough of Havering
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
community-institutional · Other Major Developments
Inspector
Nicholls H

Main issues, as the Inspector framed them

  • the effects, if any, of a previous permission on the site
  • whether there is a need for an Acquired Brain Injury Unit (ABIU) and considerations in relation to the selected location
  • the effect of the proposal on the openness of the Green Belt
  • the effects on the character and appearance of the area, including whether it would preserve or enhance the Cranham Conservation Area (the CA) and effects on the settings of the Grade II listed buildings, Cranham Hall and the Church of All Saints (the Church)
  • considerations specific to the provision of housing

What decided it

The substantial harm to the openness of the Green Belt by reason of inappropriate development was not clearly outweighed by the benefits of the ABIU, housing/open space and economic considerations, so very special circumstances did not exist.

the benefits of the ABIU, affordable housing/public open space and economic benefits did not clearly outweigh the substantial harm to Green Belt openness and the less than substantial heritage and character harms, so very special circumstances did not exist for either scheme

Framework references: 11, 202

Plan policies cited: London Plan Policy S2, Local Plan Policy 6, Local Plan Policy 5, Local Plan Policy 26, London Plan Policy D4, Local Plan Policy 28, London Plan Policy HC1, London Plan G2, Local Plan Policy 33, Local Plan Policy 35, Local Plan Policy 36, London Plan Policy SI1, London Plan Policy SI2, London Plan Policy SI3, London Plan Policy SI4, London Plan Policy SI7, London Plan Policy G1, London Plan Policy G4, London Plan Policy G5, London Plan Policy D14

Judgments cited: R (Hart Aggregates Ltd) v Hartlepool Borough Council [2005] EWHC 840; Whitley v Secretary of State for Wales [1992] 3 PLR 72

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.