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Planning appeal decision

Allowed9 February 20233304839

Land at Dene Road, Cotford St Luke , TA4 1JE

described on the application form as ‘outline planning application with all matters reserved other than the principal means of access for the construction of up to 80 dwellings, local centre (of up to 1,000m 2 of Class E and hot food takeaway (Sui Generis) use) and new access onto Dene Road, with associated road/footway/cycleway provision, open space, landscaping, surface water attenuation and ancillary works

Authority
Somerset West and Taunton *
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Bristow T

Main issues, as the Inspector framed them

  • whether the appeal site is a suitable location for the development proposed with particular regard to the accessibility of services and facilities
  • the effect of the proposal on local and landscape character

What decided it

The significant weight attributed to housing delivery benefits and substantial weight to affordable housing provision outweighed the limited harm arising from conflict with Core Strategy policy SP1 and limited landscape/BMV harm.

Other material considerations, principally significant weight for housing delivery and substantial weight for affordable housing provision, clearly outweighed the limited harm from conflict with the development plan (policy SP1) and limited landscape and BMV harm, applying the 'flat' statutory balance.

Framework references: 11, 55, 57, 61, 68, 74, 77, 105, 113, 130, 132, 134, 169, 174, 181

Plan policies cited: Policy SP1, Policy DM2, Policy CP8, Policy DM4, Policy CP4, Policy DM1, SADMP Policy A5, SADMP Policy C2, SADMP Policy TC3, SADMP Policy A2

Judgments cited: Crystal Property (London) Ltd. v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 1265; R v Newbury District Council ex parte Chieveley Parish Council [1998] JPL 1137; Suffolk Coastal District Council v Hopkins Homes Ltd. & Anor [2017] UKSC 37; Wavendon Properties Ltd. v Secretary of State for Housing Communities And Local Government & Anor [2019] EWHC 1524 (Admin); I'm Your Man Ltd. v SSE & North Somerset DC [1999] 4 PLR 107

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.