Planning appeal decision
Land North Of North Hill Farm, East Dundry Lane, Dundry, BS41 8NJ
demolition of existing agricultural barn, erection of residential dwelling, extension of residential curtilage and ancillary works
- Authority
- North Somerset Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Reeves K
Main issues, as the Inspector framed them
- the effect of the proposed development on the openness of the Green Belt
- the effect of the proposed development on the character and appearance of the area
- whether the appeal site is a suitable location for new residential development having regard to the development plan and access to local services and facilities
- 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 the proposed development
What decided it
The substantial harm to Green Belt openness and character and appearance caused by the proposed new-build dwelling is not clearly outweighed by other considerations, and the fallback position is itself more harmful than the appeal scheme, so very special circumstances do not exist.
The substantial weight given to harm to the Green Belt by reason of inappropriateness and openness, together with harm to character and appearance, outweighs the moderate weight of the fallback position and the limited weight of housing and energy efficiency benefits, such that very special circumstances do not exist.
Framework references: 11
Plan policies cited: Policy DM12 of the Development Management Policies Sites and Policies Plan Part 1 (2016), Policy CS5 of the North Somerset Core Strategy (2017), Policy CS12 of the North Somerset Core Strategy (2017), Policy DM10 of the Sites and Policies Plan Part 1, Policy DM32 of the Sites and Policies Plan Part 1, Policy CS14 of the Core Strategy, Policy CS33 of the Core Strategy
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (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.
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