®Planning appeal decision
81 Swallow Hill Road, Low Barugh, BARNSLEY, South Yorkshire, S75 1LY
‘application for replacement dwelling at 81 Swallow Hill Road, Mapplewell, and installation of solar pv and an air source heat pump, on previously developed land, where existing access and fw sewer connection remains in situ, and demolition of the existing bungalow.’
- Authority
- Barnsley Metropolitan Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Duff N
Main issues, as the Inspector framed them
- Whether the proposed development would be inappropriate development in the Green Belt
- The effect of the proposed development on the openness of the Green Belt
- The effect of the proposed development on trees
- Whether any harm by reasons 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 substantial harm to the openness of the Green Belt caused by the materially larger replacement dwelling, combined with the absence of very special circumstances, required dismissal of the appeal.
The substantial weight given to harm to the Green Belt by reason of inappropriateness and substantial harm to openness, together with harm to trees, was not outweighed by the modest weight of benefits from renewable energy, self-build provision, improved accommodation, and other considerations, therefore very special circumstances do not exist.
Framework references: 11, 110, 115, 136, 143, 153, 154, 155
Plan policies cited: Policy GB1, Policy GB2, Policy GB3
Judgments cited: Athlone House Ltd v SSCLG [2015] EWHC 3524 (Admin); Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314
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.