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Planning appeal decision

Allowed15 May 20233301628

Land off Sandy Lane, Cambridge, CB4 1HZ

construction of 26 new private homes (and delivery of a further 9 affordable apartments on adjoining land owned by the applicant and to be secured by legal agreement)

Authority
Cambridge City Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Spencer D

Main issues, as the Inspector framed them

  • Whether the proposal makes adequate provision for affordable housing and whether it would secure an appropriate mix of housing
  • Whether the proposed development would provide acceptable living conditions for future occupiers, with regard to outlook, daylight, provision of private amenity space and an inclusive design including accessibility
  • Whether the proposal would make appropriate provision for cycle and car parking provision having regard to the sustainable location
  • Whether the proposal would provide adequate public open space and quality of public realm
  • The extent to which any fallback position comprises a material consideration sufficient to outweigh any conflict the appeal proposal may have with the development plan on the main issues above

What decided it

The availability and real prospect of the extant fallback scheme being implemented, which would result in greater harm and conflict with the development plan, was a significant material consideration indicating that permission should be granted notwithstanding the appeal proposal's conflict with the development plan.

The appreciable harms arising from the appeal proposal (affordable housing shortfall, housing mix, living conditions, cycle parking quality, and public realm) were outweighed by the significant social benefit of securing built affordable housing at 9 units close to the 40% policy requirement and the environmental benefits of sustainable drainage and enhanced CO2 emissions performance, when weighed against the realistic fallback position which would deliver greater harms and no built affordable housing.

Framework references: 11, 63, 92, 104, 106, 108, 111, 119, 124, 130, 152, 153, 169

Plan policies cited: Policy 45, Policy 50, Policy 51, Policy 56, Policy 57, Policy 59, Policy 68, Policy 80, Policy 81, Policy 82, Policy 28, Policy 32, Appendix L, Appendix I

Judgments cited: Mansell v. Tonbridge & Malling District Council

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.