®Planning appeal decision
Land at New England, Curland, Taunton, Somerset, TA3 5SB
Planning appeal 3260071 at Land at New England, Curland, Taunton, Somerset, TA3 5SB (Somerset West and Taunton *) was dismissed on 11 August 2021 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether or not the location of the development is acceptable, having regard to local planning policy on the location of such development.
Installation of an access track and yard, and the erection of two agricultural buildings: Building A – a double storey barn for tractor and lorry store with mezzanine hay loft; Building B – a single storey chicken/sheep/cattle shed
- Authority
- Somerset West and Taunton *
- Appeal type
- major · Enforcement Notice
- Procedure
- Written Representations
- Development
- agricultural · Other minor developments
- Inspector
- Moss J
- Postcode
- TA3 5SB
Main issues, as the Inspector framed them
- Whether or not the location of the development is acceptable, having regard to local planning policy on the location of such development
- The effect of the proposed development on the character and appearance of the site and surrounding area, with particular regard to the site's location adjacent to the Blackdown Hills Area of Outstanding Natural Beauty (AONB)
- The effect of the proposed development on surface water drainage
- The effect of the development on protected species and habitats
What decided it
The substantial harm to the character and appearance of the AONB, combined with unresolved concerns regarding surface water drainage and the need for an appropriate assessment under the Habitats Regulations, meant the development conflicted with the development plan and material considerations were insufficient to justify approval.
The benefits of rural economic development and farm expansion were outweighed by the substantial harm to the AONB (to which great weight must be given), the unresolved drainage concerns, and the failure to provide sufficient information for a habitats assessment.
What the Inspector cited
- Development plan policies
- Policy DM2 (Development in the Countryside)Policy DM1 (General Requirements)Policy CP8 (Environment)Policy CP1 (Climate Change)
- National Planning Policy Framework
- Paragraph 176Paragraph 167Paragraph 180
- Judgments
- Save Wooley Valley Action Group Ltd v Bath and North East Somerset Council (2012); Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] EWCA Civ 5569; Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Somerset West and Taunton
The authority’s record since 2016 · every decision in 2021
- Dismissed29 April 2026337582139 East Street , Tounton, TA1 3LS
- Allowed14 February 20243329488North End, Creech St Michael , TA3 5EB
- Allowed13 December 20233312150Land at Dillons Road, Creech St Michael, TA3 5DS
- Allowed9 February 20233304839Land at Dene Road, Cotford St Luke , TA4 1JE
- Dismissed13 January 20233287661Land North of The Warren Known As The Wilderness, Stoke Road, North Curry, Somerset, TA3 6HN
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.