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Planning appeal decision

Dismissed4 February 20223280305

64 Danes Road (Land Adjacent to), Exeter, Devon, EX4 4LS

Planning appeal 3280305 at 64 Danes Road (Land Adjacent to), Exeter, Devon, EX4 4LS (Exeter City Council) was dismissed on 4 February 2022 by Inspector Jones M, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the integrity of the SPA.

Construction of 3 bedroom house on land adjacent to 64 Danes Road in a style consistent with the existing terrace

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jones M
Postcode
EX4 4LS

Main issues, as the Inspector framed them

  • the effect of the proposal on the integrity of the SPA
  • the character and appearance of the area
  • the living conditions of the future users of the proposed dwelling and the occupants of 64 Danes Road, with reference to outside space

What decided it

The inability to secure reliable mitigation for adverse effects on the integrity of the Exe Estuary Special Protection Area meant the proposal could not be approved as a matter of law under the Habitats Regulations.

the benefits of housing delivery did not outweigh the harm to the integrity of the SPA

What the Inspector cited

Development plan policies
Policy CP16 of the Core Strategy (adopted 2012)Policy CP17 of the Core Strategy (adopted 2012)Policy H2 of the Exeter Local Plan First Review 1995-2011 (adopted 2005)Policy DG1 of the Exeter Local Plan First Review 1995-2011 (adopted 2005)Policy DG4 of the Exeter Local Plan First Review 1995-2011 (adopted 2005)Policy D1 of the St James Neighbourhood Plan (made 2013)

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 2022

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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.