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Planning appeal decision

Dismissed29 November 20223296247

Fimra, Hutton Moor Lane, WESTON-SUPER-MARE, BS24 8RX

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

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

Framework references: 159, 11

Plan policies cited: Policy CS12, Policy CS3, Policy CS4, Policy CS5, Policy CS9, Policy DM32, Policy DM37, Policy DM1, Policy DM8, Policy DM9, Policy DM10, Policy DM22, Policy SA2

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.