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Planning appeal decision

Dismissed4 February 20223279097

8, Albert Road, Portishead , North Somerset , BS20 6PP

Planning appeal 3279097 at 8, Albert Road, Portishead , North Somerset , BS20 6PP (North Somerset Council) was dismissed on 4 February 2022 by Inspector Fish A, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area.

described on the application form as a proposed new dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Fish A
Postcode
BS20 6PP

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area
  • The effect of the proposal on the living conditions of the occupiers of the neighbouring property at 9 Albert Road in respect of outlook
  • Whether or not the appeal site is an acceptable location for the development proposed with regards to its vulnerability to flooding

What decided it

The proposal fails to demonstrate compliance with the sequential test for flood risk, as required by Policy CS3 and Framework paragraphs 159 and 162, because the Flood Risk Assessment does not adequately evidence that reasonably available alternative sites in lower-risk flood zones have been properly considered.

Although the Council cannot demonstrate a five-year housing land supply and the proposal would provide benefits including an energy-efficient dwelling and on-site surface water attenuation, the clear policy protection for areas at risk of flooding in paragraphs 159 and 162 of the Framework provides a decisive reason for refusal that outweighs these benefits.

What the Inspector cited

Development plan policies
Policy CS12Policy CS3Policy CS11Policy DM32Policy DM37Policy DM28Policy DM1
National Planning Policy Framework
Paragraph 130Paragraph 134Paragraph 159Paragraph 162

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.

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.