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Planning appeal decision

Dismissed3 February 20223267524

Whittingham Lane, Goosnargh, PR3 2AY

for the erection of up to 145 dwellings with public open space, landscaping and a sustainable drainage system (SuDS) and a vehicular access point from Whittingham Lane

Authority
Preston City Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Baird G

Main issues, as the Inspector framed them

  • whether the proposal conflicts with the development plan
  • whether the development plan policies most important for determining these appeals are out-of-date, with reference to (a) whether the lpa can show a 5-year supply of deliverable housing sites and (b) consistency with the National Planning Policy Framework (Framework)
  • the effect on the character of the village
  • whether the conclusions on matters 2a and 2b or any other material consideration would justify allowing the appeals

What decided it

The fundamental conflict with the development plan's spatial strategy (JCS Policy 1 and LP Policy EN1), which was not outweighed by the benefits under the ordinary 'flat' planning balance.

the substantial weight given to market and affordable housing delivery and significant weight given to economic benefits, together with moderate and limited weight given to other benefits, did not outweigh the fundamental conflict with the development plan's spatial strategy under the flat balance

Framework references: 3, 11, 33, 57, 60, 61, 74, 81, 84, 110, 111, 174

Plan policies cited: JCS Policy 1, JCS Policy 4, LP Policy EN1, JCS Policy 7, JCS Policy 13, JCS Policy 17, JCS Policy 18, JCS Policy 21, JCS Policy 22, JCS Policy 29, LP Policy AD1, LP Policy HS4, LP Policy HS5, LP Policy EN10, LP Policy EN11, LP Policy ST2

Judgments cited: Wainhomes (North-West) Limited & Secretary of State for Housing Communities & Local Government & South Ribble Borough Council [2020] EWHC 2294 (Admin); Wavendon Properties Limited and Secretary of State of Housing Communities and Local Government and Milton Keynes Council [2019] EWHC1524 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.