Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed27 April 20233291011

Land South of, Mill Road, Wyverstone, Suffolk, IP14 4SE

Planning appeal 3291011 at Land South of, Mill Road, Wyverstone, Suffolk, IP14 4SE (Mid Suffolk District Council) was dismissed on 27 April 2023 by Inspector Savage K, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
IP14 4SE

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

What the Inspector cited

Development plan policies
Policy CS1Policy CS2Policy CS5Policy FC1Policy FC1.1saved Policy CL12Policy H12
National Planning Policy Framework
Paragraph 11Paragraph 180
Judgments
Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

22 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Mid Suffolk District Council

The authority’s record since 2016 · every decision in 2023

  1. Dismissed15 October 20266012038
    The Stables, Bobby Hill, Wattisfield, IP22 1NL
  2. Dismissed14 September 20266010281
    1 Nursery Cottages, Barham, Ipswich, IP6 0PR
  3. Dismissed8 September 20266010228
    Land East of 52 Exeter Road, Claydon, Ipswich, IP6 0BP
  4. Dismissed2 September 20263359620
    Keytons Pit Newton Road, Sudbury, CO10 0PY
  5. Quashed On Legal Grounds1 September 20263344278
    Walnut Meadown, Back Lane, Baylham, Ipswich, IP6 8LE

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.