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Planning appeal decision

Dismissed26 May 20223284027

Land to the east of Berricot Lane, Badbury

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.

Framework references: 11, 69, 105, 176, 177, 199, 202

Plan policies cited: Policy SD1, Policy SD2, Policy TR2, Policy DE1, Policy EN3, Policy EN4, Policy EN5, Policy EN10, Policy HA1, Policy HA2

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.