DCS Ref: 100-049-097 Inquiry Year of Decision: 2007 Inspector: A LEA
County: SOUTH YORKSHIRE Summary of Decision: ALLOWED
Description:
14 dwellings redevelopment of dwelling and on attached land adjacent school playing fields in residential area. Not contrary to Greenfield Moratorium as Certificate of Lawful Use or Development (CLEUD) issued in 2006 confirmed attached land as residential curtilage and is therefore brownfield. No objections in terms of design, siting or amenity. No hazard due to traffic generated at access or at nearby junction. No pedestrian hazard at entrance to school. Abstract:
Greenfield moratorium of no relevance to appeal
In allowing an appeal involving the erection of 14 dwellings in south Yorkshire, an inspector held that a council's policy which sought to prevent development on Greenfield land, was of no relevance.
The council had issued a LDC in 2006 which confirmed that the site had been used as part of the domestic curtilage of a dwellinghouse. The inspector noted that national advice in PPS3 stated that previously developed land included the curtilage associated with a permanent structure. While it also advised that there was no presumption that all the land should be developed this was irrelevant in deciding whether it involved brownfield land the inspector ruled. Consequently it was not open to the council to assess whether it was previously developed on the basis of its desire to see only a part of it to be developed he mused. The LDC confirmed that the whole of the site was previously developed and accordingly was not subject to the council's moratorium on building houses on greenfield land.
COMPASS Index Terms | Issue Codes | | 030 | | Definition of Brownfield or Greenfield discussion applies (whole site) | | 201 | | Housing Moratoriums/embargos | | 630 | | Hazard at nearby road junction | | 642 | | Conflicts between pedestrians and traffic | | |
| Development Codes | | 500 | | Conventional house(s | | |
| Unit Codes | | 13 | | 10-49 houses | | |
| Proposal Codes | | 122 | | C3 - Housing - Redevelopment of | | |
| Site Codes | | 08 | | Residential suburban - Post August 06 cases | | |
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