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Planning appeal decision

Dismissed23 October 20266011546

Chatsworth House, Broad Lane, Tanworth-in-Arden, B94 5DP

Planning appeal 6011546 at Chatsworth House, Broad Lane, Tanworth-in-Arden, B94 5DP (Stratford-on-Avon) was dismissed on 23 October 2026, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies.

change of use of agricultural land to domestic garden

Appeal type
Planning
Procedure
Written
Development
residential
Postcode
B94 5DP

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies
  • the effect of the proposal on the character and appearance of the area
  • whether the proposal would be a suitable form of development in the location proposed, having regard to relevant development plan policies
  • if the proposal is found to be inappropriate development 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 required to justify the proposal

What decided it

The proposal constitutes inappropriate development in the Green Belt because a domestic garden does not fall within the exception for outdoor recreation in Policy GB7(1)(f), and the harm to the Green Belt cannot be clearly outweighed by other considerations.

The private benefit to the appellant of an increased garden area, the lack of operational development, the visually enclosed nature of the site, and the absence of harm to living conditions, character and appearance, or highways matters were afforded limited or little weight, and did not clearly outweigh the substantial weight given to the harm to the Green Belt by reason of inappropriateness and the limited harm to Green Belt purposes.

What the Inspector cited

Development plan policies
Policy CS.10Policy AS.10Policy CS.5Policy CS.9Policy CS.12Policy AS.10NE1 of the Tanworth Neighbourhood Development Plan (2021-2031)
National Planning Policy Framework
Policy GB7Policy GB6Policy DP3Policy L2
Judgments
Royal Borough of Kingston Upon Thames v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2055 (Admin); Fordent v SSCLG [2014] 2 P&CR 12; Timmins v Gedling Borough Council [2016] 1 All ER 895; Stratford on Avon DC v SSLUHC & Dudfield [2022] EWHC445 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Stratford-on-Avon

The authority’s record since 2016 · every decision in 2026

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.