Previously developed land definition examined

Friday, 03 February 2012, dcservices.co.uk

The demolition of a dwelling to facilitate the erection of a 12 bedroom hotel in north Wales was permitted, the council accepting that its definition of what constituted previously-developed land differed from that set out in national guidance.

The site lay in the countryside adjacent to a golf course. The council initially argued that it did not involve previously-developed land and development plan policies thereby precluded the erection of a hotel outside of existing settlements. The appellant argued that the council’s policies supported the provision of high quality serviced tourist accommodation.

An inspector agreed that the scheme was likely to encourage journeys by car and would therefore perform less well than a location within a town. Nonetheless, it lay alongside a popular recreational walk and cycle route and it would complement facilities for those visiting the area who also wished to play golf. The design was well mannered and simple and its impact on the character of the area was not therefore unacceptable.
The council had provided no justification for resiling from its initial contention that the site was not previously-developed land. Moreover, it had failed to substantiate its claim that the proposal was contrary to policy since its UDP allowed developments in the countryside where this would support rural tourism. Costs were awarded to the appellant in respect of these matters.  

Inspector Iwan Lloyd; Hearing

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