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Planning appeal decision

Dismissed3 February 20223269208

Land off Heath Drive, Send, GU23 7EP

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

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

Framework references: 99, 57

Plan policies cited: Policy ID4 of the Guildford Borough Local Plan: Strategy and Sites 2019, Policy NE5 of the Guildford Borough Local Plan 2003, Policy NE4 of the Guildford Borough Local Plan 2003, Policy H2 of the Guildford Borough Local Plan: Strategy and Sites 2019, Policy R2 of the Guildford Borough Local Plan 2003, Policy ID1 of the Guildford Borough Local Plan: Strategy and Sites 2019

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.