144 Malthouse Lane, Earlswood

application 26/01542/FUL·Stratford-on-Avon·2 October 2026refused
Decision
refused, 2 October 2026
Decided by
Council officer (delegated): Case officer Kacey Dickinson
Authority
Stratford-on-Avon (West Midlands)
Application reference
26/01542/FUL
Procedure
delegated
Development
Self-build detached four-bedroom house in the rear garden of a bungalow
Homes
1
Site context
green belt, washed over village, valued landscape
Green Belt
Yes (grey belt not argued)
Housing land supply
2.21 years
Framework applied
August 2026 NPPF
Determinative policies
L2(1)(d), S5(5)
Development plan policies
Stratford-on-Avon Core Strategy 2016 CS.9, CS.10, CS.15, CS.16, CS.20, CS.26, Tanworth-in-Arden NDP 2022 H3, BE1
Main issues
development within a residential curtilage; character; Green Belt village infill; S5(5) balance

Summary

A self-build house in the back garden of a bungalow at Earlswood, a village washed over by the Green Belt, refused under delegated powers on 2 October 2026. The officer held the plot to be "infill" under GB7(1)(c), so not inappropriate development, and then refused it on character grounds and under L2(1)(d): the house would be visible backland development out of keeping with the street scene, with too little garden. This is an SDC refusal of a single dwelling on the "substantially outweighed" balance despite the 2.21-year supply. The report is a scanned image and was read by OCR; page numbers are PDF pages.

Issues and findings

Planning balance

S5(5) "substantially outweighed" balance, after the GB7(1)(c) pass. Against: the L2(1)(d) failure; "substantial harm to the landscape character and established built form of the local area"; moderate harm to neighbours. For: one dwelling, "substantial positive weight in principle, although I acknowledge that the benefit is limited in scale given that the proposal would deliver only one dwelling"; a self-build plot, moderate; economic benefits and climate measures, limited (p.13). The concluding sentence reads: "I conclude that the overall adverse effects of the development are substantially outweighed by benefits of approving the scheme, therefore it is recommended the application is refused" (p.13). Read literally, that sentence supports approval. The recommendation, the reasons and the notice show that the officer meant the reverse.

What made the difference

The officer graded the character harm as substantial and found two limbs of L2(1)(d) failed, against a housing benefit discounted for scale. The Green Belt played no part in the refusal: once the plot was called "infill" under GB7(1)(c), openness dropped out. A different reading of GB7(1)(c), that a plot behind a frontage is not "infilling", would have made the scheme inappropriate development and added a Green Belt reason. The notice does not cite S4, S5 or the "substantially outweighed" test, and reason 1 cites no Framework policy at all.

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)(c)passbuilt form "to the sides, rear and front", so "whilst it is considered to be backland development, the dwelling can also be considered infill development" (p.8); the report writes "GB7 1c"
S5(5)failnot inappropriate, so "should be granted unless benefits of doing so would be substantially outweighed by any adverse effects" (p.13); refused on that balance, though the concluding sentence is worded the wrong way round
L2(1)(d)failfails (i), not consistent with the street scene and visible from the frontage (house about 7 m high behind bungalows of about 5.5 m), and (ii), amenity space of 46.94 sqm against a 62 sqm standard (pp.6, 11); refusal reason 2
S4(2)(a)(ii)not-engagedquoted in full with S4 (pp.4-5) but never applied; no finding on whether the L2(1)(d) failure was a "substantial adverse impact"; not cited in the notice
AnnexB:settlementpasssite treated as within a settlement (S4 and L2(1)(d), both "within settlements", quoted and applied) because it is inside the Earlswood boundary in the neighbourhood plan; the report does not mention the Annex B exclusion of villages washed over by the Green Belt
LP CS.9 (local)conflict"a substantial impact on character and landscape of the immediate street scene" (p.9); refusal reason 1 cites CS.9 and CS.20 and no Framework policy
HO7benefitsubstantialone dwelling; "substantial positive weight in principle, although I acknowledge that the benefit is limited in scale" (p.13)
HO7benefitmoderateone self-build plot toward the 3-year rolling supply (pp.7, 13)
S6not-engagedneighbourhood plan made 2022 with no housing allocations (p.4)
Transitional(2)conflictvery-limitedCS.15 and CS.16 given very limited weight although the scheme complied with them (p.4); CS.10 "materially inconsistent" with GB7 (p.8); NDP H3 and CS.26 also very limited; CS.9 treated as materially consistent

Key facts

Related decisions

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.