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Planning appeal decision

Allowed22 November 20213275477

Land to the South of Chilvester Hill, Calne, Wiltshire, SN11 0LT

outline application (all matters reserved except for main vehicular access from Chilvester Hill only) for up to 32 dwellings and associated infrastructure, landscape and biodiversity enhancements

Authority
Wiltshire Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
McDonald K

Main issues, as the Inspector framed them

  • Whether the site is suitable for the proposed development, having regard to the Council's settlement strategy
  • The effect of the proposal on the setting of the Grade II Listed Berhills Farmhouse and stables buildings
  • Whether the proposal could satisfactorily accommodate the quantum of development proposed
  • The effect of the proposal on the character and appearance of the area

What decided it

The severe and persistent shortfall in housing land supply (including affordable housing) reduced the weight given to the settlement strategy conflict, allowing the significant housing and economic benefits to outweigh the limited heritage and other harms under the tilted balance.

The significant benefits of market and affordable housing delivery, significant economic benefits and moderate biodiversity net gain outweighed the limited less-than-substantial heritage harm and the limited-weight conflict with the settlement strategy, such that the adverse impacts did not significantly and demonstrably outweigh the benefits under NPPF paragraph 11(d)(ii).

Framework references: 11, 81, 126, 130

Plan policies cited: CS Core Policy 1, CS Core Policy 2, CS Core Policy 8, NP Policy H4, saved LP Policy H4, CS Core Policy 58, CS Core Policy 57, NP Policy BE2, CS Core Policy 51, NP Policy BE1

Judgments cited: Canterbury City Council v SSCLG and Gladman Developments Ltd [2018] EWHC 1611 (Admin); Canterbury City Council vs Gladman Developments Ltd [2019] EWCA Civ 669; Spitfire Bespoke Homes Ltd v SSHCLG and Warwick District Council [2020] EWHC 958 (Admin); R. (on the application of William Corbett) v Cornwall Council [2019] EWHC 1022 (Admin) [2020] EWCA Civ 508; Chichester District Council v SSHCLG [2018] EWHC 2386 (Admin) [2019] EWCA Civ 1640

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.