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Planning appeal decision

Allowed17 December 20243345522

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

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

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.

Framework references: 154

Plan policies cited: Policy GB1

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.