®Planning appeal decision
J G O Norman, Greenway Farm, Little Shurdington, Shurdington, CHELTENHAM, GL51 4TX
Erection of a one and a half storey self-build cottage replacing existing barns/outbuildings (together with associated works)
- Authority
- Tewkesbury Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Cuthbert L
Main issues, as the Inspector framed them
- whether the proposal would represent inappropriate development in the Green Belt, having regard to the Framework and any relevant development plan policies, including the effect of the proposal on the openness of the Green Belt and whether it would be in a sustainable location, having regard to the access to services and facilities
- whether the proposal would provide a suitable location for housing, having regard to the development strategy area
- the effect of the proposal on highway safety, in regard to whether adequate visibility splays would be achieved
- if the proposal is inappropriate development, 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 development
What decided it
The proposal's location in the Green Belt, combined with its failure to meet the sustainability criteria of paragraph 155 of the Framework and the substantial harm to openness, could not be outweighed by the moderate benefits of housing delivery and self-build provision.
the substantial harm to the Green Belt by reason of inappropriateness and erosion of openness, combined with the unsustainable location and conflict with the development strategy, was not clearly outweighed by the moderate benefits of housing delivery, self-build provision, and economic benefits
Framework references: 11, 110, 115, 116, 142, 143, 153, 154, 155
Plan policies cited: Policy SD5, Policy INF1, Policy RES3, Policy RES4, Policy GRB4, Policy SP2, Policy SP10, Policy SD10
Judgments cited: Julian Wood v The Secretary of State for Communities and Local Government and Gravesham Borough Council [2015] EWCA Civ195; R (Tate) v Northumberland CC [2018] EWCA Civ1519; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Dartford Borough Council v Secretary of State for Communities and Local Government [2016] EWHC Civ635; Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2743 (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.