Green Belt appeal decisions
Updated 11 May 2007, this page includes various recent decisions on appeals against refusal of planning consent. Summarises of appeal decisions arising from refusal of planning consent are available at www.Planning Reource.co,uk/dcs, with a copy of the decision letter also available for a fee.
'SoS' = Secretary of State. 'DETR' is now ‘DCLG’ = Dept for Communities and Local Government
Essex GB cemetery refused due to columns. The 35m. diameter
columbarium circle of columns up to 3.5m high prevented approval since it was
an integral to the overall design. The
3.5ha site was unused though historically was grazing land. The chapel would have a glazed roof and 12.5m
glass spires, a wreath cloister with a partly roofed, open-sided
structure. The circle would enclose a
water feature and garden, with the rest of the land laid out as a park with a
defined area for burials. The Inspector
agreed that everything except the circle complied with
Chislehurst GB cemetery refusal upheld by Court of Appeal. The Court of Appeal agreed that the Inspector had properly assessed the impact on the openness of the area, and even if there had been an error in considering open space policies it would not have affected the overall result. The proposal was to redevelop a sports field as a cemetery and crematorium. Kemnal Manor Memorial Gardens Ltd v 1st sec of State and another. 14 June 2005. Ref C1/2004/2527. Planning mag 1.7.05
Green burial ground refused in Essex GB. Although in principle
a burial ground was appropriate in the GB the proposed chapel would be far more
than a simple shelter and would contain facilities for making drinks. The equipment store was of a significant
size. Taken together the buildings and
paved aprons would unacceptable reduce the openness.
Dorset GB cemetery building allowed – An 84 m2 building was approved as a reception building at a natural burial ground, to accommodate 20 people, toilet facilities, small catering room and caretaker’s office. The Inspector ruled that a cemetery was an appropriate use of BG land and the building was the minimum required. DCS 31054940. June 2003.
GB cemetery approved - the Inspector allowed a cemetery at Brentwood, Essex, being appropriate in the GB. The Council thought a chapel for 100 people and car parking provision was excessive, but the Inspector disagreed. Brentwood BC 16 Oct 2002. DCS 34169604
Cemetery and memorial park refused in green belt.
At Bolton, Lancashire, it was proposed to build a cemetery and memorial park in the Croal-Irwell valley, re-using a restored landfill site with the upper level for burials and the lower level for sinking pre-cast concrete vaults with a capacity for 14,300 interments, surrounded by a memorial park. The Inspector said it would be an appropriate development in a green belt. However it would alter the informal natural character of the area, being managed to a high degree of neatness. The memorial garden would also introduce a formal nature harming the character of the valley and green belt visual amenities. Date 22 Sept 2000. Ref APP/N4205/A/00/1044408/HEARING
Cemetery at Cuffley, Herts
Appeal refused because the cemetery would significantly affect the appearance of the Green Belt. Welwyn Hatfield Council refused a proposed cemetery on 2.9 hectares of open agricultural land at Cuffley because it would be an unacceptable visual intrusion and create additional activity which would harm the Green Belt and landscape conservation area. Although a cemetery is an acceptable form of development in a green belt, the DETR Inspector said the traffic and parking, memorial stones, and provision of planting, would be visually intrusive, alien features in this isolated rural area.