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Planning appeal decision

Dismissed16 February 20233306827

Land West of Marston Lane , Frome, BA11 4DS

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

Authority
Mendip District Council *
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Woodwards O

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.

Framework references: 11, 13, 14, 15, 57, 81

Plan policies cited: Core Policy 1, Core Policy 2, Core Policy 4, Policy DP1, Policy DP4, Policy DP7, Policy DP11, Policy LP1, Policy MN1, Policy D3

Judgments cited: 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

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.