On the day the new NPPF was released, 69 appeal decisions were decided (still under the old framework), allowing 40 residential units or bedspaces, counting self contained homes, HMO bedrooms, C2 care places and residential caravans — the decisions below cover Green Belt and grey belt housing, noise evidence for industrial development, urban intensification, housing stock protection, specialist accommodation and social infrastructure policy.
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South Gloucestershire: Grey belt traveller pitches allowed at hearing
The Inspector allowed an enforcement appeal in part and granted permission for 6 residential caravans across 6 traveller pitches at Pilning. The decision applied paragraph 155 of the Framework, finding the two limited areas to be grey belt land, noting an agreed lack of five year supply of traveller sites and a sustainable village edge location. The notice was upheld for the wider land outside the approved areas. (3378286)
Cheshire East: Concrete batch plant dismissed on residential noise evidence
A hearing appeal for a partly retrospective concrete batch plant and B2 use at Wrenbury was dismissed. The Inspector found the submitted noise assessment insufficient, particularly on baseline conditions, receptor selection, modelling assumptions, tonal and impulsive characteristics and cumulative activity across the wider site. (3377066)
Kensington and Chelsea: Brownfield mixed use redevelopment allowed
Permission was granted for demolition of an industrial unit and redevelopment with flexible Class E floorspace and 7 residential units on Latimer Road. The Inspector gave weight to the site allocation, neighbourhood plan design guidance, the completed unilateral undertaking and the Framework support for brownfield land, finding no unacceptable effect on conservation area setting or neighbouring living conditions. (6005682)
Havering: Ten bedroom HMO allowed after amended parking layout
A ten person sui generis HMO in Romford was allowed despite some conflict with amenity policy. The Inspector treated the lawful 6 person HMO fallback and formalised five space parking layout as important considerations, and concluded the harm would not significantly and demonstrably outweigh the benefits of lower cost housing in an accessible location where housing land supply was not demonstrated. (6009771)
Bournemouth Christchurch and Poole: Nine flat outline scheme dismissed despite housing shortfall
An outline appeal for 9 flats at Denmark Road, Poole was dismissed. Although the site was in a sustainable location and the Council had a serious housing land supply deficit, the Inspector found a cramped form of overdevelopment, less than substantial harm to the Heckford Park Conservation Area setting, unacceptable living conditions, overlooking and no legally effective habitats mitigation. (6005194)
Islington: Loss of seven flats to one dwelling dismissed
The Inspector dismissed a proposal to convert 7 self contained flats into a single five bedroom dwelling. Even though several studios were below national space standards, the decision applied local policies requiring efficient use of land and optimisation of housing delivery, finding that the net loss of housing stock and lack of higher priority smaller units had not been justified. (6007475)
Hertsmere: Green Belt bungalow allowed on previously developed stable site
Permission was granted for a bungalow replacing stables west of Green Street, Shenley. The Inspector found the proposal fell within the previously developed land exception and would not cause substantial harm to Green Belt openness. Limited landscape harm was outweighed by housing supply considerations, with paragraph 11(d) engaged due to the Council’s housing land supply position. (6008668)
Colchester: Self build dwelling allowed outside settlement boundary
A custom and self build dwelling at Tiptree was allowed after the Inspector found the revised single dwelling scheme overcame earlier concerns about a two dwelling proposal. The decision accepted that Bull Lane’s condition and proximity to services made walking and cycling realistic, rejected unsupported infrastructure contributions under the CIL tests, and accepted RAMS and self build obligations. (6003588)
Hackney: Vacant youth club floorspace allowed to change use
The Inspector allowed the change of a vacant basement youth club use to a drinking establishment with expanded food provision. Although the lawful use remained social infrastructure, the replacement youth club had never operated and there was no persuasive evidence of likely community occupation. The policy conflict was therefore given reduced weight against the benefit of bringing long vacant floorspace into active use. (6010972)
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