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Allowed15 June 20223286677

Rectory Farm Chescombe Road, Yatton, Bristol, BS49 4EU

Planning appeal 3286677 at Rectory Farm Chescombe Road, Yatton, Bristol, BS49 4EU (North Somerset Council) was allowed on 15 June 2022 by Inspector Stephens H, following an inquiry. The main issue, as the Inspector framed it: Whether the Council can demonstrate a five year housing land supply and the extent of any shortfall.

outline planning application for a residential development of up to 100no. dwellings and associated infrastructure following demolition of existing buildings on site, with access for approval and all other matters for subsequent approval

Authority
North Somerset Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Stephens H
Postcode
BS49 4EU

Main issues, as the Inspector framed them

  • Whether the Council can demonstrate a five year housing land supply and the extent of any shortfall
  • Whether the scale and location of the proposed development is acceptable in principle in the light of the Council's Spatial Strategy
  • The impact of the proposed development on Ecology and Biodiversity
  • The effect of the proposed development on the character and appearance of the area

What decided it

The absence of a five year housing land supply (only 3.2 years) rendered the most important development plan policies out-of-date, engaging the tilted balance which the limited harms identified could not outweigh.

Applying the tilted balance under paragraph 11(d) of the NPPF, the significant benefits of market and affordable housing delivery, economic growth and biodiversity enhancement clearly outweighed the limited landscape harm and policy conflict, such that the adverse impacts of granting permission did not significantly and demonstrably outweigh the benefits.

What the Inspector cited

Development plan policies
CS4CS5CS9CS13CS14CS16CS28CS31CS32DM8DM9DM10DM24DM25HP1
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 55Paragraph 56Paragraph 57Paragraph 74Paragraph 81Paragraph 110Paragraph 111Paragraph 130Paragraph 174Paragraph 175Paragraph 177Paragraph 180Paragraph 182
Judgments
Hallam Land Management Ltd v Secretary of State for Communities and Local Government [2018] EWCA Civ 1808; R (Cherkley Campaign Ltd) v Mole Valley District Council [2014] EWCA Civ 567; Abbotskerswell Parish Council v Secretary of State for Housing, Communities and Local Government and others [2021] EWHC 555 (Admin); Gladman Developments Ltd v SSHCLG & Corby BC & Uttlesford DC [2021] EWCA Civ 104; People Over Wind

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.