Land at Filands Road/Jenner Lane , Malmesbury, SN16 9JN

Main issues, as the Inspector framed them

• whether or not the obligation still serves a useful purpose (Appeal B)
• whether or not the proposals would adequately provide for early-years/nursery education facilities, including consideration of alternative sites and facilities (Appeals A and C)
• the effect of the proposals on biodiversity, with particular regard to hedgerows (Appeals A and C)
• whether or not the appeals site is an appropriate location for housing, having regard to local and national planning policy and guidance (Appeals A and C)
• the effect of the proposed developments on the safe and efficient operation of the highway network in the vicinity of the appeals site (Appeals A and C)

What decided it

Whether the proposal secured adequate land for future educational (nursery) use in place of the 2013 primary school safeguarding was decisive: Appeal C secured 0.3ha for a nursery and succeeded, while Appeal A provided no such safeguarding and caused substantial harm, leading to its dismissal.

For Appeal C, the benefits of housing delivery, affordable housing, economic activity and nursery provision significantly and demonstrably outweighed the limited harm from the site's location outside the settlement boundary; for Appeal A, the substantial harm from the lack of safeguarded education provision significantly and demonstrably outweighed the benefits of housing delivery, so the balance tipped against the scheme.