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Dismissed2 May 20233295430

Holly Tree Cottage, 3 Lower Street, Dyrham, SN14 8EU

Planning appeal 3295430 at Holly Tree Cottage, 3 Lower Street, Dyrham, SN14 8EU (South Gloucestershire Council) was dismissed on 2 May 2023 by Inspector Law T, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would preserve or enhance the character or appearance of the Dyrham Conservation Area, and the effect of the proposal on the Grade II* registered park and garden, and Grade I listed buildings (Dyrham House, stables, orangery and Church of St Peter).

the erection of a single dwelling with driveway, parking, turn circle and landscaping

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Law T
Postcode
SN14 8EU

Main issues, as the Inspector framed them

  • Whether the proposed development would preserve or enhance the character or appearance of the Dyrham Conservation Area, and the effect of the proposal on the Grade II* registered park and garden, and Grade I listed buildings (Dyrham House, stables, orangery and Church of St Peter)
  • The effect of the proposed development on the significance of non-designated heritage assets
  • The effect of the proposed development on the Cotswolds Area of Outstanding Natural Beauty

What decided it

The unacceptable harm to the character and appearance of the Dyrham Conservation Area and the Grade II* registered park and garden, combined with harm to non-designated heritage assets and the AONB, which would not be outweighed by the limited socio-economic benefits of a single dwelling, even under the tilted balance.

The adverse impacts of granting planning permission, comprising significant and long-lasting harm to designated and non-designated heritage assets and the AONB, would significantly and demonstrably outweigh the limited socio-economic benefits of a single dwelling, such that the presumption in favour of sustainable development would not apply.

What the Inspector cited

Development plan policies
CS1CS5CS9PSP1PSP2PSP38PSP7
National Planning Policy Framework
Paragraph 199Paragraph 202Paragraph 203Paragraph 149Paragraph 11
Judgments
Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1) [2016] EWCA Civ 404

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.

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The 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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