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Split Decision23 December 20223290110

Siddington House, Siddington, Cirencester, GL7 6EU

Planning appeal 3290110 at Siddington House, Siddington, Cirencester, GL7 6EU (Cotswold District Council) was allowed in part (a split decision) on 23 December 2022 by Inspector Steen A, following a hearing. The main issue, as the Inspector framed it: For all appeals: whether the development would affect the setting of the grade II listed building at Siddington House.

4 no. dwellings and garages. Summary

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Steen A
Postcode
GL7 6EU

Main issues, as the Inspector framed them

  • For all appeals: whether the development would affect the setting of the grade II listed building at Siddington House
  • For appeals B, C, D and E: whether the proposal would be in a suitable location in terms of access to services and facilities
  • For appeals B, C, D and E: the effect of the development on the integrity of North Meadow and Clattinger Farm Meadows Special Area of Conservation
  • For appeal D: the effect of the development on trees
  • For appeal E: the effect of the dwelling on the living conditions of occupiers of a neighbouring dwelling with particular regard to privacy

What decided it

Less than substantial harm to the setting and significance of the grade II listed Siddington House was not outweighed by the modest public benefit of housing supply in Appeals A (southern/western fencing), B, D and E, and part of C, while an unresolved risk to the integrity of the SAC (with an inadequate mitigation obligation) determined the remaining part of Appeal C.

For the fencing (except the northern section) and dwellings under Appeals B, D, E and the second dwelling in Appeal C, the less than substantial harm to the listed building's setting was not outweighed by the modest benefit of housing supply, so the development plan conflict prevailed; for the garage-replacement dwelling in Appeal C, the absence of heritage harm was outweighed by an unresolved adverse effect on the SAC's integrity after the mitigation obligation was found unacceptable, tipping the balance against the proposal.

What the Inspector cited

Development plan policies
Policy EN1Policy EN2Policy EN4Policy EN7Policy EN8Policy EN9Policy EN10Policy DS1Policy DS3Policy DS4
National Planning Policy Framework
Paragraph 199Paragraph 201Paragraph 202
Judgments
Morge v Hampshire County Council [2010] EWCA Civ 608; Boggis v Natural England [2009] EWCA Civ 1061; R (Champion) v North Norfolk District Council [2015] UKSC 52, [2015] 1 WLR 3710; Smyth v SSCLG & ors [2015] EWCA Civ 174; Waddenzee [2004] C-127/02

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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More decisions in Cotswold

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld10 January 20243319671
    Land at Barn, West End Farm, Poole Keynes, Cirencester, GL7 6EG
  2. Notice upheld21 December 20233311035
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  3. Dismissed15 December 20233324272
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  4. Notice varied and upheld16 August 20233299840
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  5. Notice upheld24 July 20233301911
    Middle Hill Farm, Saintbury, Broadway, Gloucestershire, WR12 7PX

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.