Planning appeal decision
Old Yarr, Blaze Lane, Astwood Bank, Worcestershire, B96 6QA
described on the application form as retrospective application for a horticultural store. Appeal 3: APP/Q1825/W/23/3334186 Old Yarr, Blaze Lane, Astwood Bank, Worcestershire B96 6QA
- Authority
- Redditch Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Other minor developments
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Whether the development is inappropriate development for the purposes of the development plan and the Framework
- 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 necessary to justify it
- The effect of the development on the openness of the Green Belt and the purposes of including land within it (Horse Walker)
- The effect on the character and appearance of the area (Horse Walker)
What decided it
Whether each individual structure amounted to inappropriate development in the Green Belt and, where it did, whether sufficient very special circumstances existed to outweigh the substantial harm to openness and Green Belt purposes.
For the Equine Store, Stable Block and Horse Walker, the substantial harm by reason of inappropriateness and to openness/Green Belt purposes was not clearly outweighed by the limited/little weight personal equestrian and unspecified agricultural benefits, so the appeals failed; for the Dark Blue Dwelling no Green Belt harm arose at all, so the balance did not need to be struck and the appeal succeeded.
Framework references: 154, 150
Plan policies cited: Policy 8 of the Borough of Redditch Local Plan No. 4 Adopted January 2017, Policy 39 of the Borough of Redditch Local Plan No. 4 Adopted January 2017
Judgments cited: Sage v Secretary of State for Transport and the Regions and Maidstone BC [2003] JPL 1299; Devine v Secretary of State for Levelling Up, Housing and Communities [2023] EWCA Civ 601; Burford v SSCLG [2017] EWHC 1493 Admin; R (Amanda Boot) v Elmbridge Borough Council [2017[] EWHC 12 (Admin)
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.
®