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Planning appeal decision

Dismissed16 February 20233306827

Land West of Marston Lane , Frome, BA11 4DS

Planning appeal 3306827 at Land West of Marston Lane , Frome, BA11 4DS (Mendip District Council *) was dismissed on 16 February 2023 by Inspector Woodwards O, following an inquiry. The main issue, as the Inspector framed it: whether or not the appeal site is an appropriate location for development of this type, having regard to local and national planning policy and guidance.

the demolition of existing outbuildings and erection of up to 150 residential dwellings including affordable housing with the provision of vehicular, cyclist and pedestrian access onto Marston Lane alongside public open spaces, community space, children’s play, sustainable urban drainage systems, hard and soft landscaping, infrastructure, and earthworks

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Woodwards O
Postcode
BA11 4DL

Main issues, as the Inspector framed them

  • whether or not the appeal site is an appropriate location for development of this type, having regard to local and national planning policy and guidance
  • the effect of the proposed development on the character and appearance of the area, with particular regard to landscape character

What decided it

the significant, permanent harm to the character and appearance of the area, particularly the loss of the ridgeline/skyline feature defining the edge of Frome, which was found to significantly and demonstrably outweigh the benefits even under the tilted balance.

the very substantial harm to character and appearance significantly and demonstrably outweighed the substantial benefits of housing, affordable housing, self-build provision, public open space, ecology and economic benefits, even with the tilted balance engaged.

What the Inspector cited

Development plan policies
Core Policy 1Core Policy 2Core Policy 4Policy DP1Policy DP4Policy DP7Policy DP11Policy LP1Policy MN1Policy D3
National Planning Policy Framework
Paragraph 11Paragraph 13Paragraph 14Paragraph 15Paragraph 57Paragraph 81
Judgments
Norton St. Philip Parish Council v Mendip District Council [2022] EWHC 3432 (Admin); Norton St Philip Parish Council vs Mendip District Council, Claim No: CO/323/2022

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 Mendip District Council

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

  1. Dismissed31 January 20243318216
    115 Wells Road, Glastonbury, Somerset, BA6 9AJ
  2. Allowed9 October 20233313309
    Land Adjacent to Whitemill, Marston Lane, Frome
  3. Split Decision13 May 20253357776
    Foxleigh Stables, Budge Lane, Blatchbridge, Frome, Somerset, BA11 5EH
  4. Allowed17 April 20253349703
    Furlong House, Ford Lane, Henton, Somerset, BA5 1PD
  5. Dismissed7 March 20253348485
    Cheddar Valley Inn, 22 Tucker Street, Wells, Somerset, BA5 2DZ

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.