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Allowed18 February 20223272310

Land at Tincklers Lane,, Eccleston, PR7 5QY

Planning appeal 3272310 at Land at Tincklers Lane,, Eccleston, PR7 5QY (Chorley Borough Council) was allowed on 18 February 2022 by Inspector Gibbons L, following an inquiry. The main issue, as the Inspector framed it: Appeal A: Whether or not the proposal integrates satisfactorily with the surrounding area with particular regard to patterns of movement and connectivity.

outline planning application for the construction of up to 80 dwellings with all matters reserved aside from vehicular access from Doctors Lane. The development includes public open space, structural greenspace and surface water attenuation ponds

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Gibbons L

Main issues, as the Inspector framed them

  • Appeal A: Whether or not the proposal integrates satisfactorily with the surrounding area with particular regard to patterns of movement and connectivity
  • Appeal B: The effect of the proposal on highway safety including accessibility of the appeal site
  • Whether or not the Council is able to demonstrate a five-year supply of housing land
  • Whether or not the most important policies of the development plan are out of date
  • Whether any adverse effects, including conflict with the development plan as a whole, would be outweighed by other material considerations

What decided it

For Appeal A the absence of harm from the access/connectivity strategy allowed housing benefits to outweigh the limited conflict with safeguarded land policy BNE3; for Appeal B the failure to provide a safe and attractive alternative pedestrian/cycle access caused harm to highway safety that outweighed the benefits.

In Appeal A the benefits of market and affordable housing and economic benefits outweighed the limited weight attached to conflict with Policy BNE3, so permission was granted; in Appeal B the harm to highway safety from an unsafe pedestrian/cycle access significantly and demonstrably outweighed the benefits, so the appeal was dismissed despite the tilted balance being engaged.

What the Inspector cited

Development plan policies
Policy 1Policy 2Policy 3Policy 4Policy 7Policy 17Policy 22Policy 29Policy BNE1Policy BNE3Policy BNE9Policy ST1
National Planning Policy Framework
Paragraph 11Paragraph 33Paragraph 56Paragraph 62Paragraph 74Paragraph 114Paragraph 130Paragraph 143
Judgments
Tewkesbury Borough Council v Secretary of State for Housing Communities and Local Government [2021] EWHC 2782 (Admin)

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.

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The decision letter

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More decisions in Chorley Borough Council

The authority’s record since 2016 · every decision in 2022

  1. Allowed29 September 20266013087
    39 Cowling Brow, Chorley, PR6 0QE
  2. Dismissed6 August 20266004281
    10 Ashfield Road, Chorley, PR7 1LH
  3. Allowed10 July 20266004101
    Chorleian House, 49 - 51 St Thomas Road, Chorley, PR7 1JE
  4. Allowed25 June 20263376957
    Former Camelot Theme Park, Park Hall Road, Charnock Richard, PR7 5LP
  5. Dismissed19 May 20266005066
    15 Sampson Close, Chorley, Lancashire, PR7 3TL

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.