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Planning appeal decision

Allowed2 February 20223273012

Land at Tollgate Farm, Chudleigh Knighton, Devon, TQ13 0EN

outline application for circa 60 residential dwellings, access, open space, drainage pond and associated infrastructure

Authority
Teignbridge District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Nicholls H

Main issues, as the Inspector framed them

  • whether the scale, location and nature of the development accords with development plan policies that seek to direct most new development to the larger settlements, reduce the need to travel and maintain the character of the rural areas
  • whether the Council can demonstrate a five year supply of housing land
  • whether the scheme would be adequately connected to the remainder of the village so as to encourage walking and cycling
  • whether the density of the scheme would represent an effective use of land
  • whether the proposal would harm the integrity of the South Hams Special Area of Conservation (SAC)
  • whether the proposal would have a mixed, inclusive layout, with particular regard to the cluster sizes of affordable dwellings
  • whether the scheme provides sufficient measures to provide for custom and self-build housing

What decided it

The Council's inability to demonstrate a five year housing land supply engaged the tilted balance, and the benefits of the scheme were not significantly and demonstrably outweighed by any harms.

the benefits of approximately 60 dwellings, affordable housing provision and economic benefits were not significantly or demonstrably outweighed by any harms, so the tilted balance indicated a decision other than in strict accordance with the development plan

Framework references: 11

Plan policies cited: Policy S21, Policy S21A, Policy S4, Policy S22, Policy S2, Policy WE4, Policy WE7, Policy S1, Policy S9, Policy S5, Policy WE11, Policy EN8, Policy EN9, Policy EN10, Policy EN11, Policy EN3, Policy S7, Policy WE2, Policy WE3, Policy S1A

Judgments cited: Wheatcroft Ltd V SSE [1982]

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.