®Planning appeal decision
Brick Barns, White Hill, Remenham Hill, Wokingham, RG9 3HN
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
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.
Framework references: 89, 90, 142, 143, 149, 150, 154, 155, 180, 186, 206, 208, 225
Plan policies cited: CS Policy CP12, MDDD Policy TB01, CS Policy CP3, MDDD Policy TB24, MDDD Policy TB21, CS Policy CP7
Judgments cited: 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
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.