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Notice varied and upheld9 February 20243325869

Brick Barns, White Hill, Remenham Hill, Wokingham, RG9 3HN

Planning appeal 3325869 at Brick Barns, White Hill, Remenham Hill, Wokingham, RG9 3HN (Wokingham Borough Council) was allowed in part (a split decision) on 9 February 2024 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Whether the development constitutes inappropriate development in the Green Belt, having regard to the development plan and the Framework.

Without planning permission, the unauthorised change of use of the Land to residential garden including, the erection of five buildings; changing of ground levels; and formation of hardstanding

Authority
Wokingham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Boffin D
Postcode
RG9 3HN

Main issues, as the Inspector framed them

  • Whether the development constitutes inappropriate development in the Green Belt, having regard to the development plan and the Framework
  • The effect of the development on the openness and purposes of the Green Belt
  • The effect of the development on the character and appearance of the surrounding area taking into account the grade II* Registered Park and Garden
  • The effect of the development on biodiversity
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. If so, whether this amounts to the very special circumstances required to justify the development.

What decided it

The absence of very special circumstances clearly outweighing the Green Belt harm by reason of inappropriateness together with the less than substantial heritage harm to the Registered Park and Garden.

The substantial weight attributed to Green Belt harm and the significant weight given to conflict with heritage and landscape policies were not clearly outweighed by the other considerations (which attracted only modest or little weight), so very special circumstances did not exist and the balance tipped against the development.

What the Inspector cited

Development plan policies
CS Policy CP12MDDD Policy TB01CS Policy CP3MDDD Policy TB24MDDD Policy TB21CS Policy CP7
National Planning Policy Framework
Paragraph 89Paragraph 90Paragraph 142Paragraph 143Paragraph 149Paragraph 150Paragraph 154Paragraph 155Paragraph 180Paragraph 186Paragraph 206Paragraph 208Paragraph 225
Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Murfitt v Secretary of State for the Environment (1980) 40 P&CR 254; Kestrel Hydro v SSCLG [2016] EWCA Civ 784; Caldwell v SSLUHC [2023] EWHC 2053; Hampshire CC & the Open Spaces Society & Others v SSEFRA & Blackbushe Airport Ltd [2020] EWHC 959 (Admin), [2021] EWCA 398, [2020] JPL 1359; Warwick DC v SSLUHC, Mr J Storer & Mrs A Lowe [2022] EWHC 2145 (Admin); Kingston upon Thames RLBC v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 2055 (Admin); Bromley BC v Secretary of State for Communities and Local Government [2016] P.T.S.R. 1186

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 Wokingham Borough Council

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

  1. Notice varied and upheld1 May 20263346384
    Old Billingbear Brickworks, Carters Hill, Binfield, Wokingham, RG40 5RS
  2. Notice varied and upheld4 March 20263358834
    Bluebell Farm, Commonfield Lane, Wokingham, RG40 4RP
  3. Planning permission granted16 January 20253342197
    Poppies Farm , Pound Lane , Hurst Wokingham , RG10 0RS
  4. Notice varied and upheld7 January 20253311592
    Land at New Acres, Nine Mile Road, Wokingham, RG40 3LZ
  5. Notice varied and upheld9 December 20243344473
    Brookfield Farm Old Wokingham Road, Wokingham, RG40 3BU

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.