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Quashed On Legal Grounds4 June 20253321887

Land at Irwelll Vale, Helmshore, Rossendale, Lancashire, BL0 0QP

Planning appeal 3321887 at Land at Irwelll Vale, Helmshore, Rossendale, Lancashire, BL0 0QP (Rossendale Borough Council) was decided (quashed on legal grounds) on 4 June 2025 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether or not the proposal is inappropriate development in the Green Belt.

Change of use, conversion and extension of former water tower to form a dwelling

Authority
Rossendale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Major general industry/storage/warehousing
Inspector
Hitchcock R
Postcode
BL0 0QP

Main issues, as the Inspector framed them

  • Whether or not the proposal is inappropriate development in the Green Belt
  • The effect of the proposed development on highway safety
  • The effect of the proposed development on the character and appearance of the area
  • The effect of the proposed development on the living conditions of future occupiers with particular regard to privacy
  • If the proposal 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 to justify granting planning permission for the development

What decided it

The development constitutes inappropriate development in the Green Belt with substantial harm to openness and conflict with Green Belt purposes, and the benefits presented do not clearly outweigh this harm to amount to very special circumstances.

The substantial harm from Green Belt inappropriateness and loss of openness, combined with highway safety concerns and minor character harm, outweighed the benefits of housing contribution, building preservation and carbon savings, such that very special circumstances do not exist.

What the Inspector cited

Development plan policies
Policy SD2Policy HS12Policy ENV1Policy ENV3Policy ENV6
National Planning Policy Framework
Paragraph 11Paragraph 56Paragraph 57Paragraph 110Paragraph 115Paragraph 143Paragraph 153Paragraph 154Paragraph 155
Judgments
RB of Kingston upon Thames v SSLUHC [2023] EWHC 2055 (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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More decisions in Rossendale

The authority’s record since 2016 · every decision in 2025

  1. Allowed11 August 20266007826
    Slackhead Farm, Roundhill Lane, Rossendale, BB4 5TY
  2. Allowed31 March 20266002989
    Slackhead Farm, Roundhill Lane, Haslingden, BB4 5TY
  3. Allowed31 March 20266002987
    Land at Slack Head Farm, Roundhill Lane, Haslingden, BB4 5TY
  4. Dismissed18 August 20253363493
    12 Milne Street, Irewell Vale Ramsbottom, Bury, Lancashire, BL0 0QP
  5. Notice varied and upheld9 June 20253327155
    Land at Hall Fold, Hall Street, Whitworth, OL12 8XL

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.