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Allowed9 February 20233304839

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

Planning appeal 3304839 at Land at Dene Road, Cotford St Luke , TA4 1JE (Somerset West and Taunton *) was allowed on 9 February 2023 by Inspector Bristow T, following an inquiry. The main issue, as the Inspector framed it: whether the appeal site is a suitable location for the development proposed with particular regard to the accessibility of services and facilities.

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.

What the Inspector cited

Development plan policies
Policy SP1Policy DM2Policy CP8Policy DM4Policy CP4Policy DM1SADMP Policy A5SADMP Policy C2SADMP Policy TC3SADMP Policy A2
National Planning Policy Framework
Paragraph 11Paragraph 55Paragraph 57Paragraph 61Paragraph 68Paragraph 74Paragraph 77Paragraph 105Paragraph 113Paragraph 130Paragraph 132Paragraph 134Paragraph 169Paragraph 174Paragraph 181
Judgments
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

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 Somerset West and Taunton

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

  1. Dismissed29 April 20263375821
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  2. Allowed14 February 20243329488
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  3. Allowed13 December 20233312150
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  4. Dismissed13 January 20233287661
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  5. Allowed29 November 20213277914
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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.