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Planning appeal decision

Allowed31 October 20223290305

Land to the North of Whychurch Farm, Malmesbury, SN16 9HZ

Planning appeal 3290305 at Land to the North of Whychurch Farm, Malmesbury, SN16 9HZ (Wiltshire Council) was allowed on 31 October 2022 by Inspector Nunn M, following a hearing. The main issue, as the Inspector framed it: Whether the site is in a suitable location for development having regard to development plan policy.

outline planning application (all matters reserved except means of access) for residential development, including the construction of dwellings, the creation of a new vehicular access with footways and cycle ways and ancillary road infrastructure, public open space, children’s play area, allotments, landscape planting, surface water attenuation and associated infrastructure

Authority
Wiltshire Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Nunn M

Main issues, as the Inspector framed them

  • Whether the site is in a suitable location for development having regard to development plan policy
  • The effect of the proposal on the character and appearance of the area

What decided it

The tilted balance under NPPF paragraph 11(d)(ii), triggered by the Council's inability to demonstrate a five year housing land supply, meant the substantial housing delivery benefits were not significantly and demonstrably outweighed by the limited landscape and policy-conflict harms.

the substantial benefits of housing delivery, including affordable housing, outweighed the minimal landscape harm and the diminished-weight conflict with development plan policies, so that adverse impacts did not significantly and demonstrably outweigh the benefits

What the Inspector cited

Development plan policies
Policy CP1Policy CP2Policy CP13Policy H4Policy CP51Policy CP3Policy CP57
National Planning Policy Framework
Paragraph 48Paragraph 174Paragraph 57Paragraph 56Paragraph 11

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.