Planning appeal decision
WHITEGATES, 75 GORSEY LANE, MAWDESLEY, LANCASHIRE, L40 3TE
8 new build older person’s accessible bungalow dwellings with new vehicular access from Gorsey Lane
- Authority
- Chorley Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Major R
Main issues, as the Inspector framed them
- whether the site is suitable for residential development having regard to its location, the proposed land use, and the amount of development with respect to the effect of the development on the openness of 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 very special circumstances necessary to justify the development
What decided it
The significant harm to the openness of the Green Belt in both spatial and visual terms, which attracts substantial weight and is not clearly outweighed by the benefits of older persons accommodation and housing supply contribution.
The benefits of older persons bungalow provision (significant weight), bungalow house types (moderate weight), and housing supply contribution (moderate weight) do not clearly outweigh the substantial harm to Green Belt openness and inappropriateness of development, such that very special circumstances do not exist.
Framework references: 11, 142, 143, 153
Judgments cited: Alison Hook v Secretary of State for Housing, Communities and Local Government Surrey Heath Borough Council [2020] EWCA Civ 486; John Turner vs SoSCLG and East Dorset Council [2016] EWCA Civ 466; Euro Garages Ltd v SSCLG & Anor [2018] EWHC 1753 (Admin); Samuel Smith Old Brewery (Tadcaster), Oxton Farm v North Yorkshire CC & Darrington Quarries Ltd [2018] EWCA Civ 489; Samuel Smith Old Brewery (Tadcaster) and others (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3; Hunston Properties Limited v. (1) Secretary of State for Communities and Local Government and (2) St. Albans City and District Council [2013] EWHC 2678 (Admin); St Albans City and District Council v (1) Hunston Properties Limited and (2) Secretary of State for Communities and Local Government [2013] EWCA Civ 1610
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.
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