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Planning appeal decision

Allowed8 November 20233322154

Clinton House, Old Warwick Road, Rowington, Warwickshire, CV35 7BT

erection of a self-build single storey dwelling

Authority
Warwick District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Law T

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt, having regard to the Framework and any relevant development plan policies
  • the effect of the proposal on the openness of the Green Belt and the purposes of including land within it
  • whether the proposed development would be consistent with local and national policies relating to the location of new housing development
  • the effect of the proposed development on biodiversity
  • if the proposal is inappropriate development, whether 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

What decided it

The significant weight attached to the fallback position (certificate of lawfulness for an outbuilding of identical dimensions) which would have the same effect on openness as the proposed dwelling, thereby clearly outweighing the substantial harm to the Green Belt.

The substantial harm to the Green Belt by reason of inappropriateness and loss of openness was clearly outweighed by the significant weight of the fallback position, moderate weight of accessible location and identified housing need, and moderate weight of previously developed land status, establishing very special circumstances.

Framework references: 149, 150, 148, 174, 180

Plan policies cited: Policy DS18, Policy H1, Policy NE2

Judgments cited: Julian Wood v SSCLG & Gravesham BC 21015

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.