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Dismissed18 March 20223263948

Land to the North of Nightingale Lane, South Marston, Swindon, Wilts, SN3 4SR

Planning appeal 3263948 at Land to the North of Nightingale Lane, South Marston, Swindon, Wilts, SN3 4SR (Swindon Borough Council) was dismissed on 18 March 2022 by Inspector Castle S, by written representations. The main issue, as the Inspector framed it: whether the site would be a suitable location for housing having regard to national and local planning policy.

Erection of 5 no dwellings, new public park and woodland and associated works

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Castle S
Postcode
SN3 4SR

Main issues, as the Inspector framed them

  • whether the site would be a suitable location for housing having regard to national and local planning policy
  • the effect on the settings of the Grade I listed Church of St Mary Magdalen and the Grade II listed Church Farmhouse
  • whether sufficient information has been submitted to demonstrate a suitable and sustainable drainage scheme can be achieved without increasing flood risk elsewhere
  • the effect on biodiversity and protected species

What decided it

The less than substantial harm to the setting and significance of the Grade II listed Church Farmhouse, which engaged the heritage exception to the tilted balance and could not be outweighed by the public benefits of the scheme.

The great weight afforded to the less than substantial harm to the setting and significance of the Grade II listed Church Farmhouse outweighed the moderate weight given to housing supply benefits and the very limited weight given to economic and social benefits, with the heritage exception to the tilted balance applying under Framework paragraph 11.

What the Inspector cited

Development plan policies
Policy SD2Policy NC3Policy RA3Policy EN6Policy SD1Policy EN4Policy EN10NP Policy 7
National Planning Policy Framework
Paragraph 159Paragraph 180Paragraph 199Paragraph 202Paragraph 60Paragraph 92Paragraph 11

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.