Land to the west of Clyst Road, Topsham, Devon, EX3 0DQ

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.

Framework references: 68, 11, 174, 130, 57

Plan policies cited: Policy CP16, Policy LS1, Policy CP7, Policy DG5

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.