Planning appeal decision
Land to the West of Clyst Road, Topsham, Devon, EX3 0DQ
Planning appeal 3296946 at Land to the West of Clyst Road, Topsham, Devon, EX3 0DQ (Exeter City Council) was allowed on 11 October 2022 by Inspector Woodward M, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area, with particular regard to the 'strategic gap' and any perceived or actual coalescence between Exeter and Topsham.
phased outline planning application for the construction of up to 100 dwellings and associated infrastructure (all matters reserved)
- Authority
- Exeter City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Woodward M
Main issues, as the Inspector framed them
- The effect of the proposal on the character and appearance of the area, with particular regard to the 'strategic gap' and any perceived or actual coalescence between Exeter and Topsham.
- The effect of the proposal on the integrity of designated European Sites (Exe Estuary Special Protection Area and Pebblebed Heaths Special Area of Conservation and Special Protection Area), including any mitigation proposed.
What decided it
The Council's inability to demonstrate a five-year housing land supply engaged the tilted balance, and the limited harm to the strategic gap did not significantly and demonstrably outweigh the substantial benefits of housing delivery.
The limited adverse effects on the strategic gap and countryside character did not significantly and demonstrably outweigh the significant/substantial benefits of market and affordable housing delivery and other benefits, so the presumption in favour of sustainable development applied and permission was granted notwithstanding conflict with the development plan.
What the Inspector cited
- Development plan policies
- Policy CP16Policy LS1Policy CP7Policy DG5
- National Planning Policy Framework
- Paragraph 68Paragraph 11Paragraph 174Paragraph 130Paragraph 57
- Judgments
- Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]
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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The authority’s record since 2016 · every decision in 2022
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- Allowed15 December 202560006962 West Street, Exeter, Devon, EX1 1BA
- Dismissed15 December 202560006952 West Street, Exeter, Devon, EX1 1BA
- Allowed24 November 20253365204Land North East Of 371 Topsham Road Access To InFocus , Exeter, Devon , EX2 6JJ
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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