Springhill Farm, 70 Springhill Lane, Lower Penn, Wolverhampton, WV4 4TJ

Planning appeal 3345522 at Springhill Farm, 70 Springhill Lane, Lower Penn, Wolverhampton, WV4 4TJ (South Staffordshire District Council) was allowed on 17 December 2024 by Inspector Han U, by written representations. The main issue, as the Inspector framed it: the effect of the development, without the condition in place, on the Green Belt, including whether or not the proposal would be inappropriate development in the Green Belt and if relevant the effect upon the openness of the Green Belt.

proposed 1 no 5 bedroom replacement dwelling without complying with a condition attached to planning permission Ref 21/00869/FUL, dated 16 March 2022

Authority: South Staffordshire District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Han U
Postcode: WV4 4TJ

Main issues, as the Inspector framed them

the effect of the development, without the condition in place, on the Green Belt, including whether or not the proposal would be inappropriate development in the Green Belt and if relevant the effect upon the openness of the Green Belt
if the development is inappropriate, whether any 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 the development

What decided it

Condition 12 must be modified to restrict only Classes A and B of permitted development rights, as these would cause material enlargement and harm to Green Belt openness, while Classes C, AA, AC and AD would not cause such harm and their restriction fails the necessity test.

What the Inspector cited

Development plan policies: Policy GB1
National Planning Policy Framework: Paragraph 154

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.

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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.