The Daily Decision Digest: 12 August 2026

There were 49 appeal decisions yesterday, overturning refusals involving 101 new residential units — the decisions below cover issues such as housing supply and heritage balance, traveller accommodation need, Green Belt and grey belt, renewable energy in a National Landscape, short term lets, enforcement drafting and the scope of section 73 powers.

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Buckinghamshire: Housing supply outweighed landscape and heritage harm
An outline scheme for up to 90 dwellings was allowed after a hearing, despite conflict with the development plan, moderate harm to landscape character, lower end less than substantial harm to Marsh Gibbon Conservation Area and lower level moderate harm to ridge and furrow earthworks. The Inspector gave substantial weight to market and affordable housing, noting the Council’s 3.73 year housing land supply position, and found that the paragraph 11d balance justified permission subject to obligations including 35% affordable housing. (6007190)

Dorset: Solar farm refused in the Dorset National Landscape
A 10MW solar farm was dismissed at hearing, notwithstanding substantial weight for renewable energy, grid connection benefits and net zero objectives. The Inspector accepted that alternatives outside the designated area were not readily available, but found major adverse visual effects, harm to recreational enjoyment of the Macmillan Way and failure to satisfy paragraph 190c of the Framework, so exceptional circumstances were not demonstrated. (6006292)

Lancaster: Traveller pitch allowed despite countryside conflict
A hearing allowed a partly retrospective gypsy and traveller pitch on open countryside land outside an urban area or sustainable settlement. The Inspector found limited landscape harm and conflict with local policy, but gave substantial weight to unmet need, lack of alternatives, policy failure and the family’s personal circumstances, concluding that these considerations justified a permanent permission. (6007210)

Epping Forest: Six flats allowed on previously developed land
Permission was granted for demolition of a detached house and replacement with a three storey block containing six dwellings and basement parking. The Inspector found no unacceptable harm to character, neighbouring living conditions, trees or the Epping Forest SAC, and applied the tilted balance in light of a 4.22 year housing land supply, giving substantial weight to optimising a sustainable urban site. (6004590)

Three Rivers: Green Belt housing dismissed despite 1.2 year supply
A proposal for nine large dwellings in the Outer Loudwater Conservation Area was dismissed. Although the Inspector gave very significant weight to housing delivery in a district with only 1.2 years’ supply, the scheme caused upper end less than substantial harm to conservation areas, substantial Green Belt openness harm, failed to promote sustainable transport and did not secure a policy compliant affordable housing contribution, so very special circumstances were not shown. (6006827)

Brighton & Hove: Short term let enforcement upheld
An enforcement notice against the use of a two bedroom property as short term visitor accommodation was upheld, with the compliance period extended to three months. Applying Moore, the Inspector found a material change of use due to the commercial character, short stays, regular turnover and impacts on neighbours, and refused deemed permission because the use resulted in the loss of C3 residential accommodation contrary to Policy DM2. (3356977)

Brent: Flats enforcement notice quashed for uncertainty
An enforcement notice alleging a change of use to six flats and requiring reversion to a four flat layout was quashed. The Inspector found the evidence pointed to five flats at the date of the notice and that correcting the allegation and requirements could cause injustice, particularly given uncertainty over the lawful fallback position and whether the premises had a nil use. (3332299)

Leeds: Section 73 changes held to be within scope
A section 73 appeal was allowed for changes to a permitted farm redevelopment involving four converted dwellings and one replacement dwelling. The Inspector found that the revised design for one plot did not alter the operative description of development, remained within section 73, preserved Green Belt openness when assessed in the context of the wider redevelopment, and would not harm local character. (6005793)

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