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Planning appeal decision

Allowed17 October 20223295530

Land north of Abbotsham Road, Bideford, Devon, EX39 3QP

an outline planning application for the erection of up to 290 dwellings, including affordable housing with public open space, landscaping and sustainable drainage system (SuDS) and two vehicular access points from Abbotsham Road. All matters reserved except for means of access

Authority
Torridge District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Spencer D

Main issues, as the Inspector framed them

  • The effect on the character and appearance of the surrounding area
  • The effect on the biodiversity value of the site, including Badgershill Wood
  • Whether material considerations, including the housing land supply position, indicate a decision otherwise in accordance with the development plan

What decided it

The absence of a five-year housing land supply engaged the tilted balance under NPPF paragraph 11(d), and the very significant housing and biodiversity benefits were not significantly and demonstrably outweighed by the moderate landscape harm and minor policy conflicts.

The very significant benefits of housing delivery (including affordable housing, biodiversity net gain, sustainable location and secured infrastructure contributions) were not significantly and demonstrably outweighed by the moderate landscape/character harm, minor loss of best and most versatile agricultural land and minor conflict with settlement boundary policies, so the tilted balance favoured granting permission.

Framework references: 11, 12, 55, 56, 57, 60, 104, 105, 110, 111, 129, 167, 169, 174, 180, 205

Plan policies cited: Policy ST01, Policy ST04, Policy ST06, Policy ST07, Policy ST08, Policy ST10, Policy ST14, Policy ST18, Policy ST21, Policy ST23, Policy BID, Policy BID01, Policy BID08, Policy DM04, Policy DM07, Policy DM08, Policy DM08a, Policy DM10

Judgments cited: Bernard Wheatcroft Ltd v SSE [1982] 43 P&CR 233

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.