Planning appeal decision
Land North of Abbotsham Road, Bideford, Devon, EX39 3QP
Planning appeal 3295530 at Land North of Abbotsham Road, Bideford, Devon, EX39 3QP (Torridge District Council) was allowed on 17 October 2022 by Inspector Spencer D, following an inquiry. The main issue, as the Inspector framed it: The effect on the character and appearance of the surrounding area.
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
- Postcode
- EX39 3QP
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.
What the Inspector cited
- Development plan policies
- Policy ST01Policy ST04Policy ST06Policy ST07Policy ST08Policy ST10Policy ST14Policy ST18Policy ST21Policy ST23Policy BIDPolicy BID01Policy BID08Policy DM04Policy DM07Policy DM08Policy DM08aPolicy DM10
- National Planning Policy Framework
- Paragraph 11Paragraph 12Paragraph 55Paragraph 56Paragraph 57Paragraph 60Paragraph 104Paragraph 105Paragraph 110Paragraph 111Paragraph 129Paragraph 167Paragraph 169Paragraph 174Paragraph 180Paragraph 205
- Judgments
- Bernard Wheatcroft Ltd v SSE [1982] 43 P&CR 233
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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More decisions in Torridge
The authority’s record since 2016 · every decision in 2022
- Allowed16 September 20266009632Land At Grid Reference 235658 108325, Holsworthy Beacon, Holsworthy, EX22 7NE
- Dismissed1 September 20266010166Nectar Haze, Bounds Cross, Pyworthy, EX22 6LH
- Dismissed12 August 20266009975Land Adjacent Allwyn, Staddon Road, Holsworthy, EX22 6NH
- Allowed6 July 20266006878Land At Pitt Bungalow, Pitt Lane, Appledore, EX39 1QB
- Dismissed18 May 20266004820Land At Grid Reference 243890 125702, High Park Close, Bideford, Devon, EX39 3HJ
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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