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Dismissed29 November 20223296247

Fimra, Hutton Moor Lane, Weston-Super-Mare, BS24 8RX

Planning appeal 3296247 at Fimra, Hutton Moor Lane, Weston-Super-Mare, BS24 8RX (North Somerset Council) was dismissed on 29 November 2022 by Inspector O'Doherty A, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

construction of a two bedroom dwelling

Authority
North Somerset Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Doherty A
Postcode
BS24 8RX

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether or not the proposed development would be at an unacceptable risk of flooding
  • the effect of the proposal on trees and biodiversity
  • the effect of the proposal on the living conditions of the future occupiers of the proposal, in relation to noise from the adjacent railway line
  • the effect of the proposal on the living conditions of the existing occupiers of Fimra, and on the future occupiers of the proposal, in relation to outlook, light, privacy, and private amenity space
  • the effect of the proposal on the potential future capacity enhancements of the nearby railway line

What decided it

The combined substantial weight of adverse impacts across character, flood risk, biodiversity, noise, neighbour amenity and railway safeguarding significantly and demonstrably outweighed the limited benefits of delivering one dwelling, such that the proposal was not sustainable development.

the substantial weight of adverse impacts in relation to character and appearance, flood risk, trees and biodiversity, noise from the railway, outlook and light to the neighbouring property, and railway capacity enhancements significantly and demonstrably outweighed the limited weight of benefits comprising housing delivery, economic contributions and environmental measures, tipping decisively against the proposal

What the Inspector cited

Development plan policies
Policy CS12Policy CS3Policy CS4Policy CS5Policy CS9Policy DM32Policy DM37Policy DM1Policy DM8Policy DM9Policy DM10Policy DM22Policy SA2
National Planning Policy Framework
Paragraph 159Paragraph 11

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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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.