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Planning appeal decision

Allowed12 August 20266005793

Breary Grange Farm, Kings Road, Leeds, LS16 9JN

demolition of agricultural buildings and change of use of four agricultural buildings to form four dwellings, one replacement dwelling and associated landscaping works without complying with conditions attached to planning permission Ref 22/02741/FU, dated 14 December 2022

Authority
Leeds City Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
LS16 9JN

Main issues, as the Inspector framed them

  • whether the proposed variation of Conditions 2 and 21 would fall within the scope of section 73 of the Act
  • whether the proposal would be inappropriate development in the Green Belt having regard to its effect on openness
  • the effect of the proposal upon the character and appearance of the area

What decided it

The proposal preserves the openness of the Green Belt overall by maintaining the net improvement in openness from the comprehensive redevelopment scheme, meeting the exception in NPPF paragraph 154(h) for re-use of buildings.

Framework references: 154

Plan policies cited: UDP Policy GB4, UDP Policy N33, UDP Policy GP5, UDP Policy BD6, CS Policy P10, CS Policy P12

Judgments cited: John Leslie Finney v Welsh Ministers & Carmarthenshire County Council, Energiekontor (UK) Limited [2019] EWCA Civ 1868; R v Coventry City Council Ex p. Arrowcroft Group Plc [2000] EWHC (Admin) J0721-2

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.