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Planning appeal decision

Dismissed30 March 20263375166

Land between 7 and 15 The Rye, Eaton Bray, Dunstable, LU6 2BQ

the erection of a 3 bedroom self-build dwelling

Authority
Central Bedfordshire
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bayliss G

Main issues, as the Inspector framed them

  • Whether or not the proposal would be inappropriate development in the Green Belt, having regard to the Framework and any relevant development plan policies
  • The effect of the proposal on the openness of the Green Belt and the purposes of including land within it
  • The effect of the proposal on the character and appearance of the area, including the significance of a listed building
  • If the proposal is inappropriate development, whether the 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 necessary to justify the proposal

What decided it

The harm to the significance of the Grade II listed building and to Green Belt openness and purposes, combined with harm to character and appearance, is not clearly outweighed by the limited public benefits, and very special circumstances do not exist to justify inappropriate development in the Green Belt.

The public benefits of housing supply, self-build provision and economic benefits (limited weight) do not clearly outweigh the substantial harm to Green Belt openness, the moderate less-than-substantial harm to the significance of the listed building (commanding considerable weight), and harm to character and appearance; the balance tips decisively against the proposal.

Framework references: 11, 143, 149, 154, 155, 202, 215

Plan policies cited: Policy SP4, Policy HE3, Policy HQ1, Policy EE5

Judgments cited: Wood v SSCLG and Gravesham BC [2015] EWCA Civ 195; Braintree DC v SSCLG [2018] EWCA Civ 610

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.