3 Old Glass House, Kents Lane, North Weald Bassett

appeal 6009621·Epping Forest·24 September 2026dismissed
Decision
dismissed, 24 September 2026
Decided by
Planning Inspector: Billy Pattison
Authority
Epping Forest (East of England)
Appeal reference
6009621
Application reference
EPF/0117/26
Procedure
written representations
Development
Subdivision of a five-bed dwelling into two and conversion of outbuildings into a third dwelling, in the Metropolitan Green Belt
Homes
2
Site context
green belt, open countryside, rural lane, PDL
Green Belt
Yes (grey belt not argued)
Framework applied
August 2026 NPPF
Determinative policies
DP3(3), S5(2), S5(5), GB7(1)(e)
Development plan policies
Epping Forest District Local Plan 2011-2033 Part One (2023) DM4, DM9, SP1, T1
Main issues
Green Belt; character and appearance; suitable location

Summary

Splitting a large house into two and converting outbuildings into a third home on a rural lane in the Epping Forest Green Belt. Dismissed. The site is previously developed land, and the harm to openness was moderate, not substantial, so GB7(1)(e) made the scheme not inappropriate. DM4's stricter "no greater impact" (DL ¶9) test was given very limited weight. Under S5(5), though, the scheme conflicted with DP3(1) (a cramped, backland layout) and with DP3(2)(d) (poor connections to North Weald along unlit lanes without footways). DP3 is a should-be-refused policy, so S5(2) applied and the benefits were substantially outweighed.

Issues and findings

Planning balance

S5(5) with S5(2). "Where development is proposed within the Green Belt, Policy S5 directs decision-makers to Policies GB6, GB7 and GB8 in the first instance" (DL ¶39). Substantial weight to reusing land and to housing (DL ¶41), against DP3 conflicts on character and connectivity. "the proposal's benefits would be substantially outweighed by its adverse effects on the character and appearance of the area, together with its failure to align with principles that promote sustainable travel and good connections to nearby settlements" (DL ¶41).

What made the difference

Passing the Green Belt test did not settle the case. The S5(5) balance still applies DP3's refusal trigger, and here two DP3 limbs failed: context (a cramped subdivision) and movement (car-dependent lanes). A layout that kept plot sizes spacious would have removed the DP3(1) conflict, but not the connectivity point.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
GB7(1)(e)passagreed PDL; a small porch, a 14 sqm link between outbuildings, paraphernalia and more comings and goings cause moderate, not substantial, harm to openness (DL 8-16, 18)
Transitional(2)conflictvery-limitedDM4 C(vi) no-greater-impact openness test inconsistent with the substantial-harm threshold in GB7(1)(e); very limited weight to that part (DL 9, 17)
HO11not-engagedwithin a ribbon cluster, so not isolated (Braintree) (DL 30)
TR3harmlow connectivity on the Essex map; unlit rural lanes without footways or cycle lanes to North Weald; cumulative extra car trips (DL 27-29, 32)
DP3(1)conflictcramped subdivision and backland unit 3 at odds with spacious plots (DL 20-24, 40)
DP3(2)(d)conflictpoor connections to nearby settlements; walking, wheeling and cycling not prioritised (DL 40)
DP3(3)failDP3 treated as a should-be-refused policy under S5(2); clear justification not separately reasoned (DL 39-41)
HO7benefitsubstantialletter says "Policy HO11" for the substantial-weight wording (a miscitation of HO7); no 5YHLS, shortfall not stated (DL 35)
L2benefitlimitedL2/L3 effective use given limited weight for the scale; later folded into "substantial weight" to use of underutilised land (DL 36, 41)
S5(5)failGB7 first; not inappropriate; then S5(2) trigger and benefits substantially outweighed (DL 39-41)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.