®Planning appeal decision
Land South of, Mill Road, Wyverstone, Suffolk, IP14 4SE
erection of 2 no detached dwellings and garages (following demolition of poultry houses)
- Authority
- Mid Suffolk District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Savage K
Main issues, as the Inspector framed them
- whether the proposal represents a suitable location for housing, having regard to relevant local and national policy and the accessibility of the site to local services
- whether the site would lead to fragmentation of a farm
- the effect on protected species
What decided it
The identified potential harm to great crested newts, a protected species, which could not be ruled out due to the absence of evidence of registration with Natural England's licensing scheme, triggering the mandatory refusal ground in Paragraph 180 of the Framework.
the benefits of housing delivery, economic activity and support for rural vitality were significantly and demonstrably outweighed by the potential harm to protected species and the uncertainty regarding agricultural land fragmentation
Framework references: 11, 180
Plan policies cited: Policy CS1, Policy CS2, Policy CS5, Policy FC1, Policy FC1.1, saved Policy CL12, Policy H12
Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610
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.