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Planning appeal decision

Dismissed10 June 20223286674

land adjacent to The Grange, Smallway, Congresbury, BS49 5AA

erection of 3 no. open market linked dwelling houses and 1 no. self-build detached dwelling house

Authority
North Somerset Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Page L

Main issues, as the Inspector framed them

  • whether the site is in an appropriate location for housing
  • the effects of the proposal on the character and appearance of the area
  • the effects of the proposal on highway safety

What decided it

The proposal fails to achieve the required 120m visibility splay under the Design Manual for Roads and Bridges and cannot deliver this on land outside the appellant's control, creating unacceptable highway safety impacts that, combined with harm to the countryside and strategic gap, significantly and demonstrably outweigh the limited housing benefits.

The limited benefits of delivering four dwellings and associated socio-economic benefits were significantly and demonstrably outweighed by the cumulative harm from eroding the countryside, harming the strategic gap and landscape setting, and creating unacceptable highway safety impacts, such that the presumption in favour of sustainable development was not engaged.

Framework references: 11, 111

Plan policies cited: Policy CS14, Policy CS33, Policy CS19, Policy SA7, Policy DM24, Policy H1 of the Congresbury Neighbourhood Plan 2019

Judgments cited: Wainhomes (South West) Holdings Ltd v SSCLG [2013] EWHC 597 (Admin)

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.