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Planning appeal decision

Dismissed21 February 20253347461

Land to rear of Greenland Cottage, High Hoyland Lane, High Hoyland, BARNSLEY, S75 4AZ

Full Planning Permission of the Erection of 1 no. Self-Build Residential Dwelling

Authority
Barnsley Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Hobbs J

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area, including the effect of the proposal on trees
  • whether the appeal site is an appropriate location for residential development having regard to local and national planning policy and the accessibility of services and facilities
  • whether the proposal would be inappropriate development in the Green Belt having regard to local and national planning policy
  • the effect of the proposal on the openness of the Green Belt
  • whether any 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 significant weight attributed to the harm to the character and appearance of the area (poor design and pressure on a retained tree) was found to significantly and demonstrably outweigh the benefits of the scheme.

the adverse impacts on the character and appearance of the area significantly and demonstrably outweighed the benefits (including housing delivery, self-build provision and sustainability), so the presumption in favour of sustainable development did not apply and the proposal conflicted with the development plan as a whole

Framework references: 110, 153, 154, 155, 232, 57

Plan policies cited: Policy D1, Policy BIO1, Policy T3, Policy LG2, Policy GB1

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1) [2016] EWCA Civ 404

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.