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
Cheshire GB Grade 11 listed hotel extension
refused. A country
house built in 1903 had been converted from an arts and crafts centre to a
hotel and a separate bedroom annexe had been linked to the main house by a
substantial conservatory which served as a dining room. The application was for a further extension
providing 4 staff bedrooms and further serviced accommodation. The remote location and poor public transport
made it difficult to recruit staff. The
inspector decided it would reduce the openness of the GB and the improved staff
recruitment and retention and reduced staff travel did not outweigh the
Herts GB budget hotel approved. The site was next to
a filling station, a retail development and a slip road serving the M25. Based on the likely catchment area, no
sequentially preferable sites were available.
Without sufficient hotel accommodation in the area business growth would
be restricted, reducing inward investment, tourism growth and undermine the
local economy. These were sufficient
very special circumstances.
Decking at hotel is a development and would harm
the GB - A hotel had
installed a large area of timber decking and gas heaters plus 5 'sunbrellas'
measuring 4.4sqm slotted into concrete foundations. The owner claimed it had
been built without special building skills, and the sunbrellas had minimum
attachment to the grounds and could be quickly dismantled, so no development
had taken place within the meaning of S55 of the T&CPA 1990. The Inspector
upheld an enforcement order, noting that the decking and foundations would be
there for many years, and the foundations required accuracy to allow the
canopoies to be zipped together, so a development had taken place. The canopies
were very large reducing the openness of the countryside and harm the amenities
of nearby residents. The sunbrellas were not essential to the long-term viability
of the hotel, but the decking could remain being consistent with GB objectives.
Royal Borough of Windsor & Maidenhead 21 Aug 2002.
GB motorway service station refused - The Inspector refused a new Motorway &
trunk road service area (
2-Storey hotel extension allowed in GB - Travelodge wanted a two storey 20-bedroom
extension at the
Airport hotel refused - A 129-bed hotel with conference facilities
was rejected by Scottish ministers, being near
Pumping station cannot become a pub and travel inn. - The Inspector turned down an appeal to convert a grade
11 pumping station into a pub and travel inn. It would conflict with GB policy,
and there were insufficient details on the effect of internal alterations on
the listed building. the need for a new use for the listed building did not
outweigh the harm to its character and openness of the area. L/B Waltham Forest
26 March 2001.
Motorway services toilet block approved - At the Hilton Service Area on the M6 in Staffordshire, approval was given for an extension to an amenity block, even though it was on GB land. Although it was an inappropriate development, it met the needs of motorway users at an established feature so it was not contributing to urban sprawl. The impact was slight. South Staffs DC. 23 Jan 2001. Ref T/APP/C3430/A/00/1049883.
Hotel and leisure facilities extension approved in GB - The SoS approved plans to extend a hotel and to provide further hotel and leisure facilities along with a replacement dwelling in the Met. GB in Essex. He agreed that there was a need for extra hotel accommodation in the area and the extension would not adversely affect the openness of the countryside. The removal of a scrapyard would be advantageous, and a hotel would not cause materially more harm. The facilities had to be of a certain size and scale to cater for conferences etc. Any flood risk could be managed by raising floor levels and other measures. Brentwood BC 20 Dec 2000. Ref APP/H515/A/00/1038648
Hotel permitted in GB - Whitbreads won approval for a 60-bed budget hotel and free-standing restaurant on land partly used for car boot sales. The 1.77ha site between Rainham and Purfleet, east of London, contained a number of former farm buildings and a lawful use for general industry, vehicle breaking and haulage. As a pocket of development within the GB area, it was inappropriate. However the existing car boot sale use had a substantial visual impact and created highway congestion. the proposed development would not reduce the openness of the landscape nor conflict with the purposes of including the site within the GB. the creation of a landscaped meadow would enhance the setting of a nearby listed building, amounting to very special circumstances. Additional trips by car would not be significant. (London Borough of Havering)
Motel staff accommodation refused in the GB. - Friendly Inns wanted to demolish an empty 187sq. m.
bungalow on the outskirts of Bristol and replace it with a 270 sq. m. building
of 4 flats and 3 bedsits to house staff employed at the adjacent motel. The
DETR Inspector decided it was not a replacement building, nor one of the forms
of development identified in
Replacement of transport cafe by offices refused - DETR refused offices on GB land in