Planning appeal decision
22 Murrells Farm, Stanford Rivers, Ongar, Essex, CM5 9QE
the demolition of a former farm building granted change of use to residential and the erection of a new dwelling to a similar mass and footprint
- Authority
- Epping Forest District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Heppell J
Main issues, as the Inspector framed them
- whether the appeal site is grey belt and whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and development plan policies
- if inappropriate, the effect of the development on the openness of the Green Belt
- the effect of the proposal on the character and appearance of the surrounding area with particular reference to the setting of nearby listed buildings
- whether the proposal would provide suitable living conditions for future occupiers with particular reference to the internal floor area
- the effect of the proposal on the integrity of the SAC
- if inappropriate, 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 required to justify the proposal
What decided it
The fallback position of the extant prior approval for conversion of the farm building to residential use, combined with the visual enhancement and heritage benefits of the proposed replacement dwelling over the approved conversion, clearly outweighed the minor harm to Green Belt openness and established very special circumstances.
The minor harm to Green Belt openness and inappropriateness of the development was clearly outweighed by the visual enhancement of the site, improved character and appearance, neutral heritage impact, biodiversity and sustainability benefits, social and economic benefits, and the material fallback position of the extant prior approval.
Framework references: 11, 110, 115, 142, 143, 153, 154, 155, 212
Plan policies cited: Policy SP5, Policy DM4, Policy DM7, Policy DM9, Policy DM2, Policy DM22
Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314; Schneck v SSHCLG & West Berkshire DC [2022] EWHC 3335 (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.
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