Kingcup Cottage, Wellington, Hereford, HR4 8DT

Planning appeal 3273138 at Kingcup Cottage, Wellington, Hereford, HR4 8DT (Herefordshire Council) was dismissed on 19 October 2021 by Inspector Aqbal M, by written representations. The main issue, as the Inspector framed it: whether the site is in a suitable location for housing having regard to local policies.

erection of three detached dwellings

Authority: Herefordshire Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Aqbal M
Postcode: HR4 8DT

Main issues, as the Inspector framed them

whether the site is in a suitable location for housing having regard to local policies
the effect of the proposal on flood risk
the effect of the proposal on highway safety
the effect of the proposal on protected species
the effect of the proposal on the integrity of the River Wye Special Area of Conservation (SAC)

What decided it

The proposal would result in harm to the River Wye SAC through phosphate discharge from foul water drainage, with insufficient evidence of adequate mitigation, which provides a clear reason for refusal under the Habitats Regulations and prevents application of the presumption in favour of sustainable development.

The modest housing benefits of three dwellings do not outweigh the harm to the River Wye SAC, the failure to address flood risk, and the conflict with the spatial strategy for locating new development.

What the Inspector cited

Development plan policies: Policy RA2Policy MT1Policy W5Policy W13Policy W1Policy SD3Policy W12Policy SS4Policy LD2Policy LD1Policy SD4
National Planning Policy Framework: Paragraph 79Paragraph 105Paragraph 11

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.