Planning appeal decision
Sear Farm, Harlington Road, Upper Sundon, LUTON, LU3 3PE
the demolition of existing buildings and erection of nine dwellings and a new estate road
- Authority
- Central Bedfordshire
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Rawle S
Main issues, as the Inspector framed them
- Whether or not the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
- The effect of the proposed development on the openness of the Green Belt and on the purposes of including land within the Green Belt
- The effect of the proposed development on the character and appearance of the area, including whether or not it would conserve and enhance the landscape beauty of the Chilterns National Landscape
- The effect of the proposal on the significance of a heritage asset
- Whether or not the harm by reason of the proposal being inappropriate development within the Green Belt, 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 substantial harm from inappropriate development in the Green Belt, combined with harm to openness, character and appearance, and a non-designated heritage asset, was not clearly outweighed by other considerations, so very special circumstances did not exist.
The significant weight given to housing supply and other modest benefits did not outweigh the substantial weight attached to Green Belt harm (inappropriateness, openness and purposes) combined with moderate weight given to character/appearance and heritage asset harm, so very special circumstances did not exist and the tilted balance was disengaged in favour of a normal balance under which the proposal conflicted with the development plan as a whole.
Framework references: 11, 67, 68, 143, 154, 155, 156, 157
Plan policies cited: Policy SP4, Policy HQ1, Policy HQ8, Policy EE5, Policy EE7, Policy HE3
Judgments cited: NRS Saredon Aggregates v SSLUHC & Another [2023] EWHC 2795 (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.
®