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Planning appeal decision

Allowed24 June 20213264488

Land off Melton Road, Burton on the Wolds , LE12 5AL

Planning appeal 3264488 at Land off Melton Road, Burton on the Wolds , LE12 5AL (Charnwood Borough Council) was allowed on 24 June 2021 by Inspector Lee S, following an inquiry. The main issue, as the Inspector framed it: Whether or not the proposed development is in an appropriate location for residential development, having regard to relevant local and national planning policies. In particular, the spatial strategy for the Borough, access to services and facilities, the effect on the character and appearance of the area, a non-designated heritage asset and Best and Most Versatile Agricultural Land (BMVL).

development of up to 70 dwellings with associated public open space, landscaping and infrastructure

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Lee S
Postcode
LE12 5AL

Main issues, as the Inspector framed them

  • Whether or not the proposed development is in an appropriate location for residential development, having regard to relevant local and national planning policies. In particular, the spatial strategy for the Borough, access to services and facilities, the effect on the character and appearance of the area, a non-designated heritage asset and Best and Most Versatile Agricultural Land (BMVL).
  • Whether or not the proposed development makes adequate provision for affordable housing and other infrastructure requirements.
  • Whether or not any conflict with the development plan and harm arising is outweighed by other considerations.

What decided it

The Council's severe shortfall in deliverable housing land supply (3.34 years), which engaged the tilted balance under paragraph 11d(ii) and was outweighed only by very substantial housing delivery benefits.

The moderate/limited harms from conflict with the spatial strategy, character and appearance impact, loss of BMVL and the non-designated heritage asset did not significantly and demonstrably outweigh the very substantial benefits of housing delivery, affordable housing provision and the fallback position, so the tilted balance favoured granting permission.

What the Inspector cited

Development plan policies
CS Policy CS1CLP Policy CT/1CLP Policy ST/2WVNP Policy WV11CS Policy CS2CS Policy CS11WVNP Policy WV1WVNP Policy WV7CS Policy CS16CS Policy CS3CS Policy CS15CS Policy CS17WVNP Policy WV10WVNP Policy WV12
National Planning Policy Framework
Paragraph 103Paragraph 170Paragraph 197Paragraph 11Paragraph 14

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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More decisions in Charnwood

The authority’s record since 2016 · every decision in 2021

  1. Allowed26 May 20263370033
    Land to the Rear (West) of 83 Cotes Road, Barrow Upon Soar, LE12 8JP
  2. Dismissed10 February 20253330662
    Land off Hoby Road, Thrussington, Leicester, LE7 4TH
  3. Allowed29 February 20243325902
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  4. Allowed9 November 20233316574
    Land off Barkby Road, Queniborough, Leicestershire, LE7 3FB
  5. Allowed26 July 20233310932
    Land at Loughborough Road, Burton on the Wolds, LE12 5AF

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.