Dean Farm, Long Bottom Lane, Jordans, HP9 2UT

Main issues, as the Inspector framed them

• Whether the development proposed by the application falls within the scope of Section 73 of the Act
• Whether the consequences of the variation of condition 14 would result in inappropriate development in the Green Belt, having regard to any relevant development plan policies and the National Planning Policy Framework
• The effect of the development on the openness of the Greenbelt
• Whether the consequences of the variation of condition 14 would result in development that would preserve the grade II Listed Buildings or their settings or any features of special architectural or historic interest which they possess
• Whether any harm by reason of inappropriateness or any other harm would be clearly outweighed by other considerations, so as to amount to the special circumstances necessary to justify the development
• Whether the works would preserve the Grade II Listed Building at the Farmhouse or any features of special architectural or historic interest which it possesses, and preserve the Grade II Listed Buildings at the Barn and the Granary, or their settings or any features of special architectural or historic interest which they possess

What decided it

The proposed development falls outside the scope of section 73 because the variation of condition 14 would authorise development not included in the operative part of the original planning permission, and the harm to the significance of the Farmhouse as a listed building cannot be outweighed by the public benefits of the scheme.

The harm to the significance of the Farmhouse, attributed considerable importance and weight, was not outweighed by the modest weight given to residential re-use and the small weight given to potential preservation of the Barn and Granary (due to absence of a binding obligation to secure those works), resulting in dismissal of both appeals