Green Belt appeal decisions
Transport, petrol stations and similar
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.
Service stations, motels and similar are on the Hotels/restaurants page.
Weekend storage of rail wagons allowed in Yorks
GB. The sidings were part
of a coal dispersal point, and then part of an approval for extracting coal and
fireclay. Weekend storage of 17 –
19 sets of wagons would undermine the openness.
However there were no other suitable sites but there was no evidence of
a thorough search of alternative sites for new railway connections. National and local plans encouraged rail
freight and temporary permission was granted for 18 months to allow a thorough
Former railway bridge to be
Surrey GB restaurant cannot become car showrooms
– the restaurant building was somewhat
eccentric, and appeared to be not well maintained, and the large car park was
scruffy. Although the replacement
building would look better it was 21% bigger, reducing the openness and erode a
gap between nearby settlements.
Biggin Hill hangar gets OK - At 160m by 40m by 12m high, the hangar could house a Boeing
737. While wishing to see the airport expand the local authority decided the
hangar would harm the openness of the GB countryside. The business case was not
a very special circumstance. Alternative locations were available which would
not harm the Biggin Hill conservation area. The
Inspector agreed with the Council, but the Secretaries of State made a joint
decision allowing the appeal. They decdied other
sites were not available and little evidence had been submitted to refute the
appellants case of need, making a very special circumstance. Any increase in
aircraft movements would be within permitted limits, and the additional
employment opportunities and improved airport efficiency also counted.
Petrol station redevelopment approved. - This scheme, in the Met. GB at Feltham, Middx, would increase the retail area from 75sqm to 156sqm.
The authority argued this was excessive to meet the needs of motorists, and
contra to the government's policy of maintaining and enhancing town centres.
The Inspector thought it a reasonable increase and compatible with town centre
policies. The appellant's survey indicated only a limited increase in visits
solely for shopping, and might eliminate shopping trips elsewhere. No parking
spaces were necesary except for employees. There
would be a small increase in the openness of the GB due to a reduction in the
canopy area, with a visual improvement through new landscaping and a better
quality building. L/B Hounslow 14 Aug 2001.
Motorcycle training centre refused in GB - A motorcycle training centre would harm the openness
of the Bristol GB, and also the setting of a nearby listed building. It would
have involved building a staff dwelling, student accommodation, a sports
building and hardstandings on 7.3ha of open fields on the edge of a village. It
would have replaced an existing training centre north of Bristol and provide up
to 50 jobs. The Inspector ruled that motorcylcing was
not primarily an outdoor recreational activity but a means of transport, and
was not intrinsically appropriate to the GB location. The proposal also
included other facilities not connected with training - a diving tank, kiddies
electric cars, tennis & badminton courts. The Inspector noted the
appellant's existing centre was poorly designed and constructed, leading to
misgivings about the quality of the proposal. The scheme would erde the character of the area and adversley
affect the curttilage of the listed farmhouse. It
would substantially harm the GB and open countryside. S Glocs
C 17 July 2001.
Bus depot refused permanent GB site - The
Airfield - council can challenge an Inspector's decision. - The Inspector granted permission to use GB land as an airfield and for storage of aircraft. Thurrock Council challenged this decision, and the landowner took the Council to Court arguing that they did not have this power. The Court disagreed. Thurrock BC v DETR and another. 13 Dec 2000 ref CO/2247/2000 see next item
Approval of an airfield in the GB - but Council wins leave for High Court challenge. - The Planning Inspectorate approved GB land in Essex to be used as an airfield, but Thurrock Council can challenge this at the High Court. The notices alleged an unauthorised change of use at a farm in Orsett from residential and agricultural to residential and airfield, and unauthorised construction of a hardstanding and a building. The first appeal was allowed since it had been a airfield for more than 10 years. The second appeal was allowed on the basis that although the building did not constitute permitted development, he could erect another building within the boundary of his own house if he was ordered to demolish it.
Council argued that a banner-flying business had operated but ceased in 1984, and it was wrong to find that the airfield had remained a dormant use of the land. the owner agrued that the use as an airfield before 1989 was neither short-term nor temporary prior to 1989. The judge allowed the council to proceed to a full hearing saying that the council had an arguable case.