®Planning appeal decision
Merrie Gardens, Newport Road, Lake, Sandown , Isle of Wight, PO36 9PF
Planning appeal 3255053 at Merrie Gardens, Newport Road, Lake, Sandown , Isle of Wight, PO36 9PF (Isle of Wight Council) was dismissed on 23 June 2021 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: the effect of the development proposed on the character and appearance of the area.
the erection of two industrial units with two residential flats above
- Authority
- Isle of Wight Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- employment-industrial · Minor Dwellings
- Inspector
- Buchanan R
- Postcode
- PO36 9PF
Main issues, as the Inspector framed them
- the effect of the development proposed on the character and appearance of the area
- its effect on the living conditions of future occupiers, having regard to noise, privacy, outlook and odour
- its effect on the significance of the Merrie Gardens Farmhouse Grade II listed building, with particular regard to its setting
- its effect on the Solent and Southampton Water Special Protection Area
- whether it would make provision for affordable housing
What decided it
The combination of significant harm to character and appearance, unacceptable living conditions for future occupiers, less-than-substantial harm to the listed building's setting, and adverse effects on the SPA without secured mitigation, together with failure to provide affordable housing, outweighed the limited benefits of two new homes and employment opportunities.
The substantial harms to character and appearance, living conditions, the listed building setting and the SPA, together with the failure to secure affordable housing contributions and SPA mitigation, outweighed the limited benefits of housing delivery and employment creation; the heritage and ecological protection policies provided clear reasons for refusal notwithstanding the Council's inability to demonstrate a five-year housing land supply.
What the Inspector cited
- Development plan policies
- Policy SP1Policy DM2Policy DM4Policy DM11Policy DM12
- National Planning Policy Framework
- Paragraph 124Paragraph 127Paragraph 59Paragraph 61Paragraph 62Paragraph 80Paragraph 170Paragraph 174Paragraph 175Paragraph 177Paragraph 180Paragraph 193Paragraph 194Paragraph 196Paragraph 11
- Judgments
- Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.