®Planning appeal decision
Land to the South of Maddoxford Lane, Boorley Green, Botley, SO32 2DB
Planning appeal 3265838 at Land to the South of Maddoxford Lane, Boorley Green, Botley, SO32 2DB (Eastleigh Borough Council) was dismissed on 17 August 2021 by Inspector Davies G, by written representations. The main issue, as the Inspector framed it: whether the proposal accords with policies for the location of development and its effect on the character and appearance of the countryside.
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
- Postcode
- SO32 2DB
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.
What the Inspector cited
- Development plan policies
- Policy 1.COPolicy 59.BEPolicy 30.ESPolicy 104.TPolicy 25.NCPolicy 74.HPolicy 101.TPolicy 147.OSPolicy 165.TAPolicy 191.INdraft Policy BO1draft Policy S1draft Policy S3draft Policy S7draft Policy DM1draft Policy DM8draft Policy DM13draft Policy DM14draft Policy DM30draft Policy DM35draft Policy DM40
- National Planning Policy Framework
- Paragraph 11
- Judgments
- Bernard Wheatcroft Ltd v SSE [JPL 1982 p37]
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Eastleigh
The authority’s record since 2016 · every decision in 2021
- Dismissed26 January 20263363580Land Adjacent to Pear Tree PH, Winchester Road, Southampton, Hampshire, SO32 2DH
- Dismissed12 December 202533681601 Gatcombe Gardens, West End , Hampshire, SO18 3NA
- Dismissed26 August 20253361240Ropley, Botley Road, West End, Hampshire, SO30 3HA
- Allowed15 August 20253357650Aldi Foodstore, Unit 1 Hedge End Retail Park, Charles Watts Way, Hampshire, SO30 4RT
- Dismissed26 September 20243338792Brighstone Botley Road, Horton Heath, Eastleigh, SO50 7DT
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.