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Planning appeal decision

Dismissed16 September 20213262395

Land to the rear of Barton Close, Cheriton Fitzpaine

the erection of 12 dwellings (50% affordable)

Authority
Mid Devon District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Scriven M

Main issues, as the Inspector framed them

  • Whether the appeal site is a suitable location for the proposed development, having particular regard to local housing policy
  • The effect of the proposal on the character or appearance of the surrounding area, with particular regard to the setting of the adjacent Cheriton Fitzpaine Conservation Area
  • The effect of the proposed development on the setting of listed buildings, specifically the Grade II* listed Poole Barton and the Grade I listed Parish Church of St Matthew
  • Whether the proposal would represent an acceptable form of development having regard to its flood zone location and the provisions of the National Planning Policy Framework
  • Whether the proposal would make adequate provision for any additional need for infrastructure, services and facilities arising from the development

What decided it

The proposal conflicts with the development plan on multiple grounds—unsuitability of location outside the settlement boundary, significant harm to heritage assets, failure to demonstrate a Sequential Test for flood risk, and absence of planning obligations—and these harms are not outweighed by the identified benefits.

The identified harm to the conservation area and listed buildings, together with the location and flood risk concerns, was not outweighed by the public benefits of additional housing and economic activity, particularly given the absence of a planning obligation to secure affordable housing and other necessary mitigation.

Framework references: 199, 159, 57

Plan policies cited: Policy S14, Policy DM6, Policy S1, Policy S9, Policy DM25, Policy DM1, Policy S3, Policy S5, Policy S8

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.