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Notice varied and upheld6 August 20243325371

Rear of Forge House, Table Oak Lane, Meer End, Solihull, West Midlands, CV8 1PZ

Planning appeal 3325371 at Rear of Forge House, Table Oak Lane, Meer End, Solihull, West Midlands, CV8 1PZ (Solihull Metropolitan Borough Council) was allowed in part (a split decision) on 6 August 2024 by Inspector Jones D, following a hearing. The main issue, as the Inspector framed it: Whether the development is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies, including an assessment of its effects on the openness of the Green Belt.

(i) the material change of use of the land to a use for purposes ancillary to the domestic residential use of Forge House, and (ii) unauthorised operation development comprising: the erection of a single-storey detached building in the approximate position shown in orange on the attached plan; the formation of a hard surfaced parking area in the approximate position shown in yellow on the attached plan; and the construction of raised planting beds on the land

Authority
Solihull Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Jones D
Postcode
CV8 1PZ

Main issues, as the Inspector framed them

  • Whether the development is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies, including an assessment of its effects on the openness of the Green Belt
  • If the development is inappropriate development, 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 required to justify the development

What decided it

The substantial Green Belt harm from inappropriateness and loss of openness was not clearly outweighed by the limited-weight other considerations, so very special circumstances did not exist.

The substantial weight given to Green Belt harm (inappropriateness and loss of openness) was not clearly outweighed by the limited weight attached to the appellants' other considerations (parking/storage need, landscaping scheme, reduced building height), so the balance tipped against the development.

What the Inspector cited

Development plan policies
Policy P17
National Planning Policy Framework
Paragraph 142Paragraph 143Paragraph 152Paragraph 153Paragraph 154Paragraph 155
Judgments
Sinclair-Lockhart's Trustees v Central Land Board [1950] 1 P&CR 195; Methuan-Campbell v Walters [1979] 1 QB 525; Burford v SSCLG and Test Valley BC [2017] EWHC 1493 (Admin); Hampshire CC & the Open Spaces Society & Others v SSEFRA & Blackbushe Airport Ltd [2020] EWHC 959 (Admin), [2021] EWCA 398, [2020] JPL 1359

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 applied

The decision letter

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More decisions in Solihull

The authority’s record since 2016 · every decision in 2024

  1. Dismissed23 October 20266013961
    The Stables, Barretts Lane Farm, Barretts Lane, Balsall Common, Coventry, CV7 7GB
  2. Allowed23 October 20266009733
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  3. Planning permission granted28 September 20263371254
    95 Prospect Lane, Solihull, B91 1HS
  4. Notice upheld14 September 20263375302
    10 Park View, Hockley Heath, Solihull, B94 6PE
  5. Notice upheld14 September 20263375301
    10 Park View, Hockley Heath, Solihull, B94 6PE

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.