Old habits die hard

In Out of sight, out of mind we reported an appeal case in which the inspector cited the Court of Appeal decision in John Turner v Secretary of State for Communities and Local Government and East Dorset Council [2016]. This established that the question of visual impact is implicitly part of the concept of openness of the green belt. We asked whether the effects of the court case have yet to become apparent. Not so much, appears to be the answer, as evidenced by the following recent decisions from two different inspectors.

“I note the appellant’s view that the car port would be largely unseen and therefore have very little impact on the openness of the Green Belt. However, the widely accepted view of openness is the absence of development and therefore I give this matter little weight when reaching my decision.” (DCS Number 400-012-825).

“Openness is generally defined by an absence of built form.     …..The 2-storey structure is.….only visible in a fleeting glimpse.…..     Moreover, whether or not the structure is visible from a public viewpoint, there is, as a matter of fact, a permanent loss of openness.” (DCS Number 400-012-847).

These things take time.

The following DCP chapter is relevant: 4.2516

Leave a Reply

  • (will not be published)

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>