Planning appeal decision
Thorley Wash Grange, Thorley Street, Thorley, Bishops Stortford, CM23 4AT
construction of four detached residential premises on land to the east of Thorley Wash Grange, Spellbrook
- Authority
- East Hertfordshire District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Cullen F
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt, having regard to paragraph 154 g) of the Framework and relevant development plan policies
- Whether the appeal site is grey belt land and the proposal should not be regarded as inappropriate development in the Green Belt, with particular reference to whether the nearby Grade II listed building, Thorley Wash Grange, provides a strong reason for refusing or restricting development
- The effect of the proposal on the character and appearance of the site and surrounding area
- The effect of the proposal on trees within the site
- 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 harm to the significance of the Grade II listed building Thorley Wash Grange through damage to its setting, combined with substantial harm to Green Belt openness and harm to character and appearance, was not clearly outweighed by the moderate public benefits of housing delivery, such that very special circumstances did not exist.
The substantial weight given to Green Belt harm and the considerable weight given to heritage harm, together with harm to character and appearance and uncertainty regarding tree impacts, were not clearly outweighed by the moderate weight of housing delivery benefits and other considerations, resulting in dismissal.
Framework references: 11, 125, 142, 143, 153, 154, 155, 212, 213, 219
Plan policies cited: Policy GBR1, Policy HA1, Policy HA7, Policy HOU2, Policy DES3, Policy DES4, Policy NE3
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC
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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