Planning appeal decision
Land at Tincklers Lane,, Eccleston, PR7 5QY
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
- Authority
- Chorley Borough Council
- 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- Whether or not the most important policies of the development plan are out of date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.
Framework references: 11, 33, 56, 62, 74, 114, 130, 143
Plan policies cited: Policy 1, Policy 2, Policy 3, Policy 4, Policy 7, Policy 17, Policy 22, Policy 29, Policy BNE1, Policy BNE3, Policy BNE9, Policy ST1
Judgments cited: Tewkesbury Borough Council v Secretary of State for Housing Communities and Local Government [2021] EWHC 2782 (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.
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