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Planning appeal decision

Dismissed4 February 20223270271

318 Fairlee Road, Newport, PO30 2JU

Planning appeal 3270271 at 318 Fairlee Road, Newport, PO30 2JU (Isle of Wight Council) was dismissed on 4 February 2022 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the Solent and Southampton Water Special Protection Area.

A 2-storey detached dwelling in the side garden of 318 Fairlee Road, involving subdivision of the plot

Authority
Isle of Wight Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Buchanan R
Postcode
PO30 2JU

Main issues, as the Inspector framed them

  • the effect of the proposed development on the Solent and Southampton Water Special Protection Area
  • the character and appearance of the area

What decided it

The significant harm to the Solent and Southampton Water Special Protection Area due to increased nitrate disposal, which could not be adequately mitigated and provided a clear reason for refusal under Framework paragraph 180(a).

The modest housing and affordable housing benefits and the absence of harm to character and appearance carried moderate weight in favour, but the significant harm to the SPA as an area of particular importance carried substantial weight against, and the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
Island Plan Policy SP5Island Plan Policy DM12Island Plan Policy DM2Island Plan Policy DM4
National Planning Policy Framework
Paragraph 11Paragraph 56Paragraph 57Paragraph 63Paragraph 64Paragraph 180Paragraph 181

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.