Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed6 November 20233306694

Land At Gloucester Road , Stratton, Cirencester, Gloucestershire, GL7 2LJ

provision of a new secure roadside truck stop facility, including associated HGV and car parking, drivers facilities building, vehicular access, service yard and landscaping

Authority
Cotswold District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
employment-industrial · Other Major Developments
Inspector
Ayres J

Main issues, as the Inspector framed them

  • The effect on the character and appearance of the area, having particular regard to the location of the site within the Cotswold Area of Outstanding Natural Beauty (AONB)
  • Whether the proposal would satisfy paragraph 177 of the Framework, namely whether there is a need for the development; whether there is scope to develop outside of the AONB, or to meet any identified need in some other way; the extent to which any detrimental effect on the environment, the landscape and recreational opportunities could be moderated; and whether the findings in respect of the aforementioned issues would culminate in exceptional circumstances, and that the development would be in the public interest

What decided it

The appellant failed to demonstrate the exceptional circumstances required by paragraph 177 of the Framework, including that the need could not be met outside the AONB, given the significant harm identified to the landscape and tranquillity of the AONB.

The great weight attributable to conserving and enhancing the landscape and scenic beauty of the AONB, together with significant harm from conflict with paragraph 177, outweighed the limited economic and very limited biodiversity net gain benefits, so the planning balance fell against the proposal.

Framework references: 177, 176, 174, 106, 81, 109

Plan policies cited: Policy EN2, Policy EN4, Policy EN5

Judgments cited: Luton Borough Council v Central Bedfordshire Council v Houghton Regis Development Consortium, Lands Improvement Holdings Limited, Landmatch Limited, Fiends of Life Limited, St Albans Diocesan Property Company Limited [2015] EWCA Civ 537, 2015 WL 2369975

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.