®Planning appeal decision
Land at Tollgate Farm, Chudleigh Knighton, Devon, TQ13 0EN
Planning appeal 3273012 at Land at Tollgate Farm, Chudleigh Knighton, Devon, TQ13 0EN (Teignbridge District Council) was allowed on 2 February 2022 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: 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.
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
What the Inspector cited
- Development plan policies
- Policy S21Policy S21APolicy S4Policy S22Policy S2Policy WE4Policy WE7Policy S1Policy S9Policy S5Policy WE11Policy EN8Policy EN9Policy EN10Policy EN11Policy EN3Policy S7Policy WE2Policy WE3Policy S1A
- National Planning Policy Framework
- Paragraph 11
- Judgments
- Wheatcroft Ltd V SSE [1982]
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.