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Planning appeal decision

Allowed6 January 20233303905

Land South of Badminton Road, Old Sodbury, South Gloucestershire, BS37 6LX

Planning appeal 3303905 at Land South of Badminton Road, Old Sodbury, South Gloucestershire, BS37 6LX (South Gloucestershire Council) was allowed on 6 January 2023 by Inspector McGlone A, following an inquiry. The main issue, as the Inspector framed it: whether the proposed development would accord with local planning policies in respect of the location of the site.

the erection of 35 dwellings and provision of associated infrastructure

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
McGlone A

Main issues, as the Inspector framed them

  • whether the proposed development would accord with local planning policies in respect of the location of the site
  • whether occupants of the proposed development would have reasonable access to facilities and services
  • whether the proposal would make adequate provision for affordable housing, traffic calming/speed reduction, public open space, education, and the library service

What decided it

Applying the tilted balance, the significant benefits of market and affordable housing delivery and other social/economic benefits outweighed the minor policy conflict and the less-than-substantial heritage harm.

the benefits of housing delivery (including significant weight to affordable housing), economic benefits and minor accessibility/highway benefits outweighed the minor harm from conflict with location policies and the less-than-substantial, low-end heritage harm, so the adverse impacts did not significantly and demonstrably outweigh the benefits under the tilted balance

What the Inspector cited

Development plan policies
Policy CS5Policy CS15Policy CS34Policy CS9Policy CS1Policy CS2Policy CS6Policy CS8Policy CS18Policy CS23Policy CS24Policy PSP11Policy PSP40Policy PSP17Policy PSP2Policy PSP20
National Planning Policy Framework
Paragraph 7Paragraph 33Paragraph 61Paragraph 79Paragraph 74Paragraph 105Paragraph 57Paragraph 11Paragraph 55
Judgments
Palmer and Herefordshire Council [2016] EWCA Civ 1061; Gladman Developments Ltd v Daventry DC [2016] EWCA Civ 1146; Bloor Homes v SSCLG [2017] PTSR 1283; Paul Newman Homes Ltd v SSHCLG & Aylesbury Vale District Council [2021] EWCA Civ 15; Gladman Developments Ltd v SSHCLG [2019] EWHC 127 (Admin); Wavendon Properties Ltd v SSHCLG and Milton Keynes Council [2019] EWHC 1524 (Admin); Peel Investment Ltd v SSHCLG [2019] EWHC 2143 (Admin)

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 applied

The decision letter

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More decisions in South Gloucestershire Council

The authority’s record since 2016 · every decision in 2023

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  5. Dismissed26 November 20253369721
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.