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Planning appeal decision

Dismissed24 February 20266000865

Heath Farm, 26 Henwood Lane, Catherine-de-Barnes, Solihull, B91 2TH

replacement of an existing extended bungalow with a detached two storey dwelling

Authority
Solihull Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Astley-Serougi B

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies including the effect of the proposed development on the openness of the Green Belt
  • the effect of the proposed development on the character and appearance of the surrounding area
  • whether any 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 proposal is inappropriate development in the Green Belt that would cause substantial harm to openness, and the other considerations do not clearly outweigh this harm to constitute very special circumstances.

The substantial harm to the Green Belt by reason of inappropriateness and harm to openness was not clearly outweighed by the limited benefits of providing a large dwelling, employment during construction, and sustainable design, such that very special circumstances do not exist.

Framework references: 11, 89, 110, 115, 143, 153, 154, 155, 156, 157

Plan policies cited: Policy P17, Policy P7, Policy P5, Policy P15

Judgments cited: R (Howell) v Waveney District Council [2018] EWHC 3388; Dartford Borough Council v. Secretary of State for Communities and Local Government [2017] EWCA Civ 141; Mansell v Tonbridge and Malling BC & others (2017) EWCA Civ 1314; Gambone v SSCLG [2014] EWHC 952 (Admin); 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.

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.