®Planning appeal decision
Land North East of Bury St Edmunds, Bury St Edmunds, IP31 2SJ
- Authority
- West Suffolk
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Fagan N
Main issues, as the Inspector framed them
- Whether the proposed development would result in an unacceptable impact on highway safety or severe residual cumulative impacts on the local and strategic transport network contrary to relevant development plan policies and NPPF paragraph 111 (essentially as expressed in the LPA's first putative refusal reason)
- With reference to this, in terms of both the improvements to local highway junctions (including the A14 and congested local road junctions) and walking and cycling improvements to the site, what are the exact areas of disagreement between the parties and why: i.e. which improvements required by WSC/SCC is the appellant contesting and why?
- How and when highway/transport improvements would be delivered – i.e., via S106 agreement or otherwise, including for the full and outline parts of the proposed development
- Whether the leisure centre (indoor sports provision) contribution of £870,513 is justified and meets the legal tests in CIL Reg 122(2)
- Whether the libraries contribution of £297,000 is justified and meets the legal tests in CIL Reg 122(2)
What decided it
The resolution, through negotiation and a completed S106 agreement, of the previously outstanding highway impact and CIL-compliant infrastructure funding objections, leaving the scheme in full accordance with the development plan and NPPF.
the hybrid proposal scheme would comply with the development plan when considered as a whole, and there are no other material considerations which outweigh such compliance
Framework references: 11, 56, 111, 170, 178, 179, 105, 110
Plan policies cited: Policy CS1, Policy CS2, Policy CS3, Policy CS7, Policy CS8, Policy CS11, Policy CS14, Policy BV2, Policy BV6, Policy DM42, Policy DM45, Policy GB1, Policy GB2, Policy DM2, Policy DM3, Policy GB4, Policy GB5, Policy DM20, Policy DM6, Policy DM7, Policy DM12, Policy DM13, Policy DM14, Policy DM22, Policy DM32, Policy DM11, Policy DM46
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.