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Planning appeal decision

Allowed10 August 20266002654

land adjacent to Brackenwood, Hebers Ghyll Drive, Ilkley, LS29 9QQ

one dwelling with access road

Authority
City of Bradford Metropolitan District Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
LS29 9QQ

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the area
  • Whether the proposal would meet the policy exception for new dwellings in the countryside as set out in paragraph 84e of the National Planning Policy Framework
  • The effect of the proposal on the South Pennine Moors Special Protection Area/Special Area of Conservation
  • Whether the proposal is inappropriate development in the Green Belt, including whether the appeal site is grey belt land
  • The effect on the openness of the Green Belt and whether the proposal would conflict with the purposes of the Green Belt
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The exceptional quality of the design meeting paragraph 84e of the Framework, combined with the Council's inability to demonstrate five-year housing land supply and substantial biodiversity net gain benefits, clearly outweighed the Green Belt harm and established very special circumstances.

The substantial harm to Green Belt openness and modest harm to Green Belt purposes were clearly outweighed by the significant weight of housing delivery at a time when the Council cannot demonstrate five-year supply, the substantial benefit of 71% biodiversity net gain, and the significant benefit of exceptional design quality complying with paragraph 84e, establishing very special circumstances to justify the development.

Framework references: 84e, 153, 154, 155, 58, 11

Plan policies cited: Policy EN4 of the Local Plan for Bradford Core Strategy Development Plan Document 2017, Policy INDP12 of the Ilkley Neighbourhood Development Plan 2020-2030, Policy SC8 of the Core Strategy, Policy SC7 of the Core Strategy

Judgments cited: Braintree District Council v Secretary of State for Communities and Local Government & Ors (2017) EWHC 2743 (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.