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Allowed8 September 20213267054

Land at (Os 8205 5395) Claphill Lane, Rushwick, Worcestershire, WR2 5TN

Planning appeal 3267054 at Land at (Os 8205 5395) Claphill Lane, Rushwick, Worcestershire, WR2 5TN (Malvern Hills District Council) was allowed on 8 September 2021 by Inspector Dawe A, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposed development in terms of the Council's development strategy, concerning the location of the site outside of the development boundary of Rushwick and in a Significant Gap.

Residential development of up to 120 homes (Use Class C3), access, public open space, landscaping, car parking, surface water attenuation and associated infrastructure (all matters reserved except access)

Authority
Malvern Hills District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Dawe A

Main issues, as the Inspector framed them

  • the effect of the proposed development in terms of the Council's development strategy, concerning the location of the site outside of the development boundary of Rushwick and in a Significant Gap
  • the effect of the proposed development on landscape character
  • the effect of the proposed development on Best and Most Versatile agricultural land (BMVAL)
  • the Council's housing requirement and whether it can demonstrate a five year supply of deliverable housing sites (5 year HLS)

What decided it

The significant benefits of delivering up to 120 homes, including substantial affordable housing provision, outweighed the limited harms to the Significant Gap, landscape character and BMVAL, both under the tilted balance (due to the Council's inability to demonstrate a five year housing land supply) and, in the alternative, under an unweighted balance.

the very significant benefits of housing delivery (up to 120 homes, 40% affordable) and other moderate/limited benefits outweighed the limited harms to the Significant Gap, landscape character and BMVAL, whether or not the tilted balance was engaged

What the Inspector cited

Development plan policies
Policy SWDP 2Policy SWDP 2APolicy SWDP 2CPolicy SWDP 2DPolicy SWDP 2FPolicy SWDP 25Policy SWDP 13APolicy SWDP 13HPolicy SWDP 3Policy SWDP 15Policy SWDP 39Policy SWDP 4Policy SWDP 7Policy SWDP 21
National Planning Policy Framework
Paragraph 74Paragraph 73Paragraph 11(d)Paragraph 11(d)(ii)Paragraph 174Paragraph 95Paragraph 57
Judgments
Suffolk Coastal District Council v Hopkins Homes Ltd and another; Shropshire Council v Secretary of State for Communities and Local Government, BDW Trading Limited Trading as David Wilson Homes (Mercia) v Magnus Charles Mowat, Martin John Mowat

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 Malvern Hills

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

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  2. Dismissed18 September 20266010196
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  3. Allowed11 September 20266010973
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  4. Allowed22 May 20266001703
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  5. Allowed13 May 20266005002
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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.