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Planning appeal decision

Dismissed11 September 20243338756

Rostrevor, Station Road, Stanley, ILKESTON, Derbyshire, DE7 6HB

for the change of use and alteration/extension of the building to a dwelling

Authority
Erewash Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Billings C

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies
  • the effect of the proposed development on the openness of the Green Belt
  • the effect of the development on the character and appearance of the host property and surrounding area
  • whether the harm by reason of inappropriateness and any other harm would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposal constitutes inappropriate development in the Green Belt by reason of disproportionate additions to the original building, and the harm to openness and character is not clearly outweighed by the benefits advanced.

the benefits of the appeal proposal do not clearly outweigh the totality of the harm arising from inappropriateness and other harms, so very special circumstances have not been demonstrated

Framework references: 11, 154, 155

Plan policies cited: Policy GB5, Policy GB6, Policy 10

Judgments cited: Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities and Local Government [2009]; R (Zurich) v Lincolnshire Council [2012]; Hersch Schneck v Secretary Of State For Levelling Up, Housing & Communities and West Berkshire District Council [2022]; Wychavon v SSCLG & Butler [2008]; Basildon v FSS & Temple [2004]; Basildon v SSETR & Ors [2000]

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.