Greystones, Siston Lane, Siston, BS30 5LX
South Gloucestershire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 19 May 2023
- Authority
- South Gloucestershire Council
- Inspector
- Law T
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Other minor developments
- Appellant
- Mr S Flynn
- LPA reference
- P22/03619/RVC
- ONS LPA code
- E06000025
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 9 January 2023
Summary AI
The appeal for the demolition of outbuildings and erection of 4 dwellings was dismissed due to concerns about the impact on the openness of the Green Belt.
PDF text
Greystones, Siston Lane, Siston, BS30 5LX — South Gloucestershire Council — by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 19 May 2023
Greystones, Siston Lane, Siston, BS30 5LX — South Gloucestershire Council — Brecklands, Siston Lane, South Gloucestershire, Siston, BS30 5LX • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73A of the Town and Country Planning Act 1990 for the development of land carried out without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Stuart Flynn against the decision of South Gloucestershire Council. • The application Ref P22/03619/RVC, dated 28 June 2022, was refused by notice dated 26 August 2022. • The application sought planning permission for the demolition of existing outbuildings and erection of 4no. dwellings (outline) with access, layout and scale to be determined. All other matters reserved without complying with a condition attached to planning permission Ref PK17/2653/), dated 15 December 2017. • The condition in dispute is No 14 which states that: Prior to the first occupation of any dwelling hereby permitted, the existing building shown on plan 00771/001 (received 06 June 2017) situated within the blue land on plan 2007-002 (received 14 December 2017) shall be completely and permanently removed and the land on which it stood made good.
Greystones, Siston Lane, Siston, BS30 5LX — South Gloucestershire Council — Brecklands, Siston Lane, South Gloucestershire, Siston, BS30 5LX • The reason given for the condition is: To ensure that the redevelopment of the site has as minimal impact on the openness of the green belt and to accord with policy CS5 and CS34 of the South Gloucestershire Local Plan: Core Strategy (Adopted) December 2013; policy PSP7 of the South Gloucestershire Local Plan: Policies, Sites and Places Plan (Adopted) November 2017; and the provisions of the National Planning Policy Framework, March 2012.
Greystones, Siston Lane, Siston, BS30 5LX — South Gloucestershire Council — equipment for grounds maintenance and animal feed. https://www.gov.uk/planning-inspectorate
Greystones, Siston Lane, Siston, BS30 5LX — South Gloucestershire Council — equipment for grounds maintenance and animal feed. https://www.gov.uk/planning-inspectorate Appeal Decision APP/P0119/W/22/3310107 4. The Framework denotes openness as an essential characteristic of the Green Belt. The openness of the Green Belt has a spatial aspect as well as a visual aspect. ‘Open’ can mean the absence of development in spatial terms, and it follows that openness can be harmed even when development is not readily visible from the public realm. 5. The reason for refusal is clear in that the Council wants the existing outbuilding to be removed in order to protect the Green Belt. It is clear from the original permission that, whilst given limited weight, the removal of the outbuilding was a contributing factor to the very special circumstances afforded to allowing the residential development. The outbuilding to be removed is large steel portal building that contributes to the visual clutter, and its removal would improve the sense of openness, particularly to the rear which opens on to agricultural land. 6.
Greystones, Siston Lane, Siston, BS30 5LX — South Gloucestershire Council — equipment for grounds maintenance and animal feed. I have had regard to the appellants submission relating to very special circumstances; however I am not convinced that such a scale of building would be required to maintain the field to the rear of the residential development, or that alternative accommodation could not be provided elsewhere that would have a less harmful impact on the openness of the Green Belt. 7. Accordingly, the removal of the condition in order to retain the outbuilding would not comply with Policies CS5 and CS34 of the South Gloucestershire Core Strategy (2013) (CS) which seeks to protect the Green Belt from inappropriate and thus harmful development. Conclusion 8. In view of the above I find that the condition is reasonable and necessary in that it allows the Council to protect the openness of the Green Belt. I therefore dismiss the appeal.
Greystones, Siston Lane, Siston, BS30 5LX — South Gloucestershire Council — Tamsin Law INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Green belt Against appellant ¶8
The removal of the condition to retain the outbuilding would not comply with Policies CS5 and CS34 of the South Gloucestershire Core Strategy (2013)
Policies relied on
| Reference | Weight |
|---|---|
| CS5 and CS34 of the South Gloucestershire Core Strategy (2013) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 19 May 2023 under the Open Government Licence.