Planning appeal decision
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.
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