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Planning Casebook Appeal Summaries

Whether land previously developed determinative in housing refusal

Two separate schemes for 10 and 17 new homes respectively have been refused at the same site in open countryside in Hampshire, the status of the site as previously developed land or not defining the outcome of the case in locational policy and character terms.

87-bed tourist hostel above pub harmful to local amenities

The use of an ancillary flat on the upper floors of a public house for an 87-bed space tourist hostel in a West London residential area was refused for harm to the living conditions of occupiers of nearby apartments through increased noise and disturbance.

Need for storage depot in rural location unsubstantiated

A building for storage and distribution was refused at agricultural land in open countryside in Oxfordshire for being sited in an inappropriate location in policy terms, harmful to the appearance and character of the area and the setting of a nearby listed building. The proposal comprised 7161 square metres of floorspace with ancillary offices, access and landscaping.

Legal Viewpoint

Legal Viewpoint: Assessing outdated policies in framework relevance test

Paragraph 11(d) of the National Planning Policy Framework (NPPF) triggers a tilted balance in favour of sustainable development where there are no relevant development plan policies or where those policies "most important for determining the application are out of date".

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