Planning appeal decision
Land to the South of Marsworth Road and West of Vicarage Way, Pitstone, Bucks, LU7 9TE
Planning appeal 3292202 at Land to the South of Marsworth Road and West of Vicarage Way, Pitstone, Bucks, LU7 9TE (Buckinghamshire Council - Aylesbury Area *) was dismissed on 5 February 2024 by Inspector Nicholls H, by written representations. The main issue, as the Inspector framed it: whether or not the proposed location is suitable for housing, with particular regard to national and local policies for housing and community uses.
construction 21no. dwellings (8 flats and 13 houses), including associated works, car parking and landscaping
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Nicholls H
- Postcode
- LU7 9TE
Main issues, as the Inspector framed them
- whether or not the proposed location is suitable for housing, with particular regard to national and local policies for housing and community uses
- the effect of the proposal on the character and appearance of the local area
- whether the proposal would include an adequate parking provision
- whether the proposal would deliver enough adaptable and accessible units to accord with relevant local policies
- the effects on the living conditions of future and existing neighbouring occupiers, with particular regard to privacy and loss of outlook
- whether the proposal would accord with local policies concerning its energy efficiency and carbon saving measures
- whether or not infrastructure is included which is necessary, directly, fairly and reasonably related to support the scheme
- the effects of the proposal on the SAC
What decided it
The lack of certainty regarding the Suitable Alternative Natural Greenspace mitigation and the absence of a defined SANG project meant the development would result in significant unmitigated effects on the integrity of the Chilterns Beechwoods Special Area of Conservation, which is a protected area under the Framework and provides a clear reason for refusal that disengages the tilted balance.
The significant weight afforded to housing provision (including 8 affordable dwellings) and the modest economic benefits of construction did not outweigh the identified conflict with the development plan arising from unmitigated harm to the Special Area of Conservation, which is protected by policies and footnote 7 of the Framework.
What the Inspector cited
- Development plan policies
- Policy 2 of the Pitstone Neighbourhood PlanPolicy 1 of the Pitstone Neighbourhood PlanPolicy I3 of the Vale of Aylesbury Local PlanPolicy S1 of the Vale of Aylesbury Local PlanPolicy S2 of the Vale of Aylesbury Local PlanPolicy D3 of the Vale of Aylesbury Local PlanPolicy BE2 of the Vale of Aylesbury Local PlanPolicy 6 of the Pitstone Neighbourhood PlanPolicy T6 of the Vale of Aylesbury Local PlanPolicy H6c of the Vale of Aylesbury Local PlanPolicy BE3 of the Vale of Aylesbury Local PlanPolicy C3 of the Vale of Aylesbury Local PlanPolicy I1 of the Vale of Aylesbury Local PlanPolicy I2 of the Vale of Aylesbury Local PlanPolicy H1 of the Vale of Aylesbury Local PlanPolicy H6a of the Vale of Aylesbury Local PlanPolicy S5 of the Vale of Aylesbury Local PlanPolicy NE1 of the Vale of Aylesbury Local Plan
- National Planning Policy Framework
- Paragraph 11
- Judgments
- High Court Order Ref CO/1805/2023, dated 30.06.2023
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 appliedThe decision letter
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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.
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