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Allowed22 November 20213275477

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

Planning appeal 3275477 at Land to the South of Chilvester Hill, Calne, Wiltshire, SN11 0LT (Wiltshire Council) was allowed on 22 November 2021 by Inspector McDonald K, following an inquiry. The main issue, as the Inspector framed it: Whether the site is suitable for the proposed development, having regard to the Council's settlement strategy.

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
Postcode
SN11 0LR

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).

What the Inspector cited

Development plan policies
CS Core Policy 1CS Core Policy 2CS Core Policy 8NP Policy H4saved LP Policy H4CS Core Policy 58CS Core Policy 57NP Policy BE2CS Core Policy 51NP Policy BE1
National Planning Policy Framework
Paragraph 11Paragraph 81Paragraph 126Paragraph 130
Judgments
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

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 authority’s record since 2016 · every decision in 2021

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.