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Dismissed28 November 20223296065

Land East of Barley Lane, Exeter, EX4 1TA

Planning appeal 3296065 at Land East of Barley Lane, Exeter, EX4 1TA (Exeter City Council) was dismissed on 28 November 2022 by Inspector Jones M, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area, with reference to the Landscape Setting of Exeter and the setting of Lugg's Farmhouse.

outline planning application for a residential development of up to 9 dwellings and associated infrastructure

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jones M
Postcode
EX4 1SU

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area, with reference to the Landscape Setting of Exeter and the setting of Lugg's Farmhouse
  • the effect of the proposal on highway safety

What decided it

The less than substantial harm to the setting of the Grade II listed building Lugg's Farmhouse, to which considerable weight was assigned, was not outweighed by the moderate weight given to the public benefits of housing delivery, particularly in the context of the strong presumption against harm to listed building settings under s.66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The moderate weight of public benefits from up to 9 dwellings (including 35% affordable housing, economic benefits and social benefits) did not outweigh the considerable weight assigned to less than substantial harm to the setting of the listed building Lugg's Farmhouse, particularly given the strong presumption in s.66 of the Listed Buildings Act.

What the Inspector cited

Development plan policies
Policy CP17Policy LS1Policy C2Policy DG1Policy AP1Policy T3
National Planning Policy Framework
Paragraph 11Paragraph 202

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

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More decisions in Exeter

The authority’s record since 2016 · every decision in 2022

  1. Dismissed27 October 20266012103
    70-72 Heavitree Road, Exeter, EX1 2LP
  2. Dismissed20 October 20266010324
    13C St. James Road, Exeter, EX4 6PY
  3. Dismissed7 October 20266015491
    41 Well Street, Exeter, EX4 6QQ
  4. Allowed24 September 20266015017
    550 Topsham Road, Exeter, EX2 7DP
  5. Dismissed23 September 20266013697
    Pavement O/S Clarendon House, 3 Heavitree Road, Exeter, EX1 2JW

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.