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Dismissed22 January 20223264973

Land at Lovington Lane, Lovington, Castle Cary, Somerset, BA7 7PY

Planning appeal 3264973 at Land at Lovington Lane, Lovington, Castle Cary, Somerset, BA7 7PY (South Somerset District Council *) was dismissed on 22 January 2022 by Inspector Porter H, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the area.

erection of 9 dwellings and associated infrastructure works

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Porter H
Postcode
BA7 7PY

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area
  • The effect of the proposed development on the settings and significance of designated and non-designated heritage assets
  • The effect of the proposed development on the nutrient levels in the Somerset Levels and Moors Ramsar site

What decided it

The failure to preserve the settings of two listed buildings and the unresolved phosphate mitigation for the Ramsar site provided clear reasons for refusal that engaged Framework protections, preventing the tilted balance from applying despite the housing land supply shortfall.

The significant benefit of delivering 9 dwellings in a context of less than five-year housing land supply was outweighed by the less than substantial but middle-scale harm to listed building settings, the statutory duty to preserve those settings, and the unresolved adverse effects on the Ramsar site; the adverse impacts significantly and demonstrably outweighed the benefits.

What the Inspector cited

Development plan policies
Policy SS2Policy EQ2Policy EQ3Policy EQ4Policy EQ7
National Planning Policy Framework
Paragraph 11Paragraph 130Paragraph 180Paragraph 202

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 South Somerset District Council

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

  1. Allowed17 May 20223259668
    Land North of Ansford Hill, Ansford, Castle Cary, Somerset, BA7 7PD
  2. Allowed12 September 20253359789
    No 2 Barwick House, Barwick, Yeovil, Somerset, BA22 9TB
  3. Allowed12 September 20253359195
    No 2 Barwick House, Barwick, Yeovil, Somerset, BA22 9TB
  4. Dismissed21 July 20253358592
    Land Adjacent to Stockelm Cottage, Street Road, Compton Dundon, TA11 6PU
  5. Dismissed14 March 20253333377
    Land Adj. To 857 Fosse Way, Pylle, Somerset, BA4 6TA

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.