®Planning appeal decision
Land to the East of Berricot Lane, Badbury
Planning appeal 3284027 at Land to the East of Berricot Lane, Badbury (Swindon Borough Council) was dismissed on 26 May 2022 by Inspector O'Connor H, by written representations. The main issue, as the Inspector framed it: Whether the proposed site would be a suitable location for residential development having regard to local planning policies for housing and accessibility.
the erection of 11 no. dwellings and associated works
- Authority
- Swindon Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other Major Developments
- Inspector
- O'Connor H
Main issues, as the Inspector framed them
- Whether the proposed site would be a suitable location for residential development having regard to local planning policies for housing and accessibility
- The effect of the proposal on the character and appearance of the area having particular regard to (1) the significance of nearby listed buildings, the Badbury Conservation Area and non-designated heritage assets and (2) the special qualities of the North Wessex Downs Area of Outstanding Natural Beauty (AONB)
- If harm arises, whether this is outweighed by other material considerations
What decided it
The unjustified less than substantial harm to the significance of designated heritage assets (listed buildings and conservation area) provided a clear reason for refusal under paragraph 11(d)(i) of the NPPF, which outweighed the benefits of housing delivery.
The significant benefits of 11 dwellings (including 4 affordable homes) and limited economic and environmental benefits were outweighed by the great weight given to the less than substantial harm to designated heritage assets and the conflict with the development plan's strategy for locating development in accessible settlements.
What the Inspector cited
- Development plan policies
- Policy SD1Policy SD2Policy TR2Policy DE1Policy EN3Policy EN4Policy EN5Policy EN10Policy HA1Policy HA2
- National Planning Policy Framework
- Paragraph 11Paragraph 69Paragraph 105Paragraph 176Paragraph 177Paragraph 199Paragraph 202
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.