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Split Decision23 December 20223290110

Siddington House, Siddington, CIRENCESTER, GL7 6EU

4 no. dwellings and garages. Summary

Authority
Cotswold District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Steen A

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.

Framework references: 199, 201, 202

Plan policies cited: Policy EN1, Policy EN2, Policy EN4, Policy EN7, Policy EN8, Policy EN9, Policy EN10, Policy DS1, Policy DS3, Policy DS4

Judgments cited: 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

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.