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Dismissed3 February 20223269208

Land off Heath Drive, Send, GU23 7EP

Planning appeal 3269208 at Land off Heath Drive, Send, GU23 7EP (Guildford Borough Council) was dismissed on 3 February 2022 by Inspector Page L, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on designated open space including protected trees, biodiversity, and protected species.

29 residential dwellings including means of access, layout, and scale (appearance and landscaping to be reserved)

Authority
Guildford Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Page L
Postcode
GU23 7EP

Main issues, as the Inspector framed them

  • the effect of the proposal on designated open space including protected trees, biodiversity, and protected species
  • whether planning obligations are necessary and have been suitably provided in all other respects

What decided it

The absence of a badger survey before determination meant the Inspector could not conclude the proposal would avoid demonstrable harm to badgers or their habitat, contrary to Policy NE4 of the Local Plan.

the modest housing and affordable housing benefits carried moderate weight, but potential harm to badger habitat carried the highest level of significance and weight due to national protections and clear development plan policy, tipping the balance against the proposal

What the Inspector cited

Development plan policies
Policy ID4 of the Guildford Borough Local Plan: Strategy and Sites 2019Policy NE5 of the Guildford Borough Local Plan 2003Policy NE4 of the Guildford Borough Local Plan 2003Policy H2 of the Guildford Borough Local Plan: Strategy and Sites 2019Policy R2 of the Guildford Borough Local Plan 2003Policy ID1 of the Guildford Borough Local Plan: Strategy and Sites 2019
National Planning Policy Framework
Paragraph 99Paragraph 57

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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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.