Planning appeal decision
Land at Bay Tree Cottage, Ruffet Road, Kendleshire, South Gloucestershire , BS36 1AN
outline application for the construction of 1no. residential dwelling with all matters reserved except access
- Authority
- South Gloucestershire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Pipkin R
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate development in the Green Belt, having regard to the National Planning Policy Framework and relevant development plan policies
- the effect of the proposal on the openness of the Green Belt
- the effect on the character and appearance of the area
- the effect of the proposal on highway safety
- if the proposal is inappropriate development, whether the harm by reason of inappropriateness or any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
What decided it
The harm to the Green Belt by reason of inappropriateness and the moderate harm to openness and character and appearance are not clearly outweighed by the modest benefits of housing supply and economic benefits, so very special circumstances do not exist.
The substantial harm to the Green Belt by reason of inappropriateness and modest loss of openness, together with moderate harm to character and appearance, were weighed against modest benefits from housing contribution and economic benefits; the harm was not clearly outweighed and the appeal was dismissed.
Framework references: 154, 153, 11
Plan policies cited: Policy CS5, Policy CS34, Policy PSP7, Policy CS1, Policy PSP1, Policy PSP11
Judgments cited: Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195; R (Tate) v Northumberland County Council [2018] EWCA Civ 1519
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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