®Planning appeal decision
Barrow Farm Barrow Lane, North Wootton, SHEPTON MALLET, BA4 4HL
Erection of 2 single storey holiday lodges without complying with a condition attached to planning permission Ref 2012/1436, dated 20 November 2012
- Authority
- Somerset Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Cuthbert L
Main issues, as the Inspector framed them
- Whether condition 4 (restricting occupation to holiday use for no more than 28 days per calendar year) is necessary and reasonable, having regard to the location of the site in the open countryside, in respect to the spatial strategy and the access to services and facilities
What decided it
The removal of the occupancy condition would result in unrestricted residential use in the open countryside contrary to the spatial strategy and sustainable transport objectives, and the adverse impacts of this conflict significantly and demonstrably outweigh the moderate benefits of housing supply and social/economic gains.
The moderate benefits of housing supply contribution, social benefits (family care arrangements, operational flexibility for aging applicants), and economic benefits (council tax revenue, support for local services) were significantly and demonstrably outweighed by the adverse impacts of locating unrestricted housing in the open countryside contrary to the spatial strategy and sustainable transport policies.
Framework references: 11
Plan policies cited: Policy CP1, Policy CP2, Policy CP3, Policy CP4, Policy DP9, saved policies S1 and E14 of the Mendip District Local Plan 2002
Judgments cited: R (on the application of Fiske) v Test Valley Borough Council [2023] EWHC 2221 (Admin); Armstrong v Secretary of State for Levelling-Up, Housing and Communities [2023] EWHC 176 (Admin); Test Valley Borough Council v Fiske [2024] EWCA Civ 1541; Freddie Reid v SSLUHC & (IP) Newark & Sherwood DC [2022] EWHC 3116 (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.