®Planning appeal decision
Rectory Farm Chescombe Road, Yatton, BRISTOL, BS49 4EU
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
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The absence of a five year housing land supply (only 3.2 years) rendered the most important development plan policies out-of-date, engaging the tilted balance which the limited harms identified could not outweigh.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.
Framework references: 11, 14, 55, 56, 57, 74, 81, 110, 111, 130, 174, 175, 177, 180, 182
Plan policies cited: CS4, CS5, CS9, CS13, CS14, CS16, CS28, CS31, CS32, DM8, DM9, DM10, DM24, DM25, HP1
Judgments cited: 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
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.