®Planning appeal decision
Land to the south of Maddoxford Lane, Boorley Green, Botley, SO32 2DB
the construction of 92 dwellings; the creation of new vehicular access with footways from Maddoxford Lane; provision of informal and formal open space, together with associated highways, landscape, and earth works and level changes, foul and surface water drainage facilities, utilities provision and other associated and necessary infrastructure
- Authority
- Eastleigh Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Davies G
Main issues, as the Inspector framed them
- whether the proposal accords with policies for the location of development and its effect on the character and appearance of the countryside
- the design and layout of the proposal
- the living conditions of future residents with respect to noise from a neighbouring use
- the provision of infrastructure
What decided it
The conflict with the emerging Local Plan, which carries substantial weight and does not allocate the eastern part of the site for development, combined with the harm to countryside character and the limited weight of housing benefits given the Council's adequate housing land supply and the likelihood of the western part being developed separately, outweighed the material benefits of the scheme.
The harm caused by conflict with the development plan (limited weight) and the emerging Local Plan (substantial weight) was not outweighed by the benefits of 92 dwellings, 32 affordable units, and economic benefits, particularly as the western part of the site is likely to be allocated separately in the near future with similar benefits.
Framework references: 11
Plan policies cited: Policy 1.CO, Policy 59.BE, Policy 30.ES, Policy 104.T, Policy 25.NC, Policy 74.H, Policy 101.T, Policy 147.OS, Policy 165.TA, Policy 191.IN, draft Policy BO1, draft Policy S1, draft Policy S3, draft Policy S7, draft Policy DM1, draft Policy DM8, draft Policy DM13, draft Policy DM14, draft Policy DM30, draft Policy DM35, draft Policy DM40
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 p37]
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.