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Planning appeal decision

Dismissed16 March 20266002039

Land adjacent to Barleythorpe Hall, Main Road, Barleythorpe, Rutland, LE15 7UZ

6 no. detached dwellings with garaging and associated site work, without complying with conditions attached to planning permission Ref 2024/0966/FUL, dated 17 October 2024

Authority
Rutland County Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Heron E

Main issues, as the Inspector framed them

  • whether varying the conditions in the manner proposed would be acceptable in planning terms with regard to the effect of the amendments to Plot 4 on the setting of the Grade II listed Clock House Court
  • whether varying the conditions in the manner proposed would be acceptable in planning terms with regard to the effect of the amendments to Plot 4 on the living conditions of the neighbouring occupiers of 5 and 6 Clock House Court, with regard to outlook and privacy

What decided it

The harm to the setting of the listed building and to neighbouring living conditions would not be outweighed by public benefits, and the presumption in favour of sustainable development does not apply given the substantial weight attributed to these harms against key Framework policies.

The contribution to housing supply and economic benefits were given limited weight as they apply equally to the approved scheme; the harm to the heritage asset setting and neighbouring living conditions were given substantial weight, such that the presumption in favour of sustainable development did not apply and the adverse impacts significantly and demonstrably outweighed the benefits.

Framework references: 11, 129, 135, 215

Plan policies cited: Policy CS19, Policy CS22, Policy SP15, Policy SP20

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.