®Planning appeal decision
Land North of Old Bury Road, Stuston, Diss, IP21 4AB
- Authority
- Mid Suffolk District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Berry A
Main issues, as the Inspector framed them
- whether the site is in a suitable location for housing development, with particular reference to a reliance on the private car
- the effect of the proposed development on flood risk and whether the Sequential Test has been met
What decided it
The proposal fails to comply with the Sequential Test for flood risk as the site is at risk of surface water flooding and no adequate assessment of alternative sites with lower flood risk has been provided, contrary to paragraphs 161, 162 and 167 of the Framework.
The modest benefits of providing one additional dwelling and temporary construction employment were outweighed by the unsustainable location with high reliance on private car travel and the failure to comply with flood risk policy, with the flood risk issue engaging the protected area exception that removed the presumption in favour of sustainable development.
Framework references: 8, 11, 80, 105, 161, 162, 167
Plan policies cited: Policy CS1, Policy CS2, Policy H3, Policy H7, Policy CS4, Policy FC1, Policy FC1.1
Judgments cited: Braintree District Council v Secretary of State for Communities and Local Government & Ors [2018] EWCA Civ 61
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.