Planning appeal decision
Sear Farm, Harlington Road, Upper Sundon, Luton, LU3 3PE
Planning appeal 3348840 at Sear Farm, Harlington Road, Upper Sundon, Luton, LU3 3PE (Central Bedfordshire) was dismissed on 24 January 2025 by Inspector Rawle S, following a hearing. The main issue, as the Inspector framed it: 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 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
- Postcode
- LU3 3PE
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.
What the Inspector cited
- Development plan policies
- Policy SP4Policy HQ1Policy HQ8Policy EE5Policy EE7Policy HE3
- National Planning Policy Framework
- Paragraph 11Paragraph 67Paragraph 68Paragraph 143Paragraph 154Paragraph 155Paragraph 156Paragraph 157
- Judgments
- NRS Saredon Aggregates v SSLUHC & Another [2023] EWHC 2795 (Admin)
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.
See how each was appliedThe 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.
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