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Dismissed11 June 20243331910

Whitegates, 75 Gorsey Lane, Mawdesley, Lancashire, L40 3TE

Planning appeal 3331910 at Whitegates, 75 Gorsey Lane, Mawdesley, Lancashire, L40 3TE (Chorley Borough Council) was dismissed on 11 June 2024 by Inspector Major R, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
L40 3TE

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.

What the Inspector cited

National Planning Policy Framework
Paragraph 11Paragraph 142Paragraph 143Paragraph 153
Judgments
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

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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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.