Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed17 May 20233307078

Land North of Old Bury Road, Stuston, Diss, IP21 4AB

Planning appeal 3307078 at Land North of Old Bury Road, Stuston, Diss, IP21 4AB (Mid Suffolk District Council) was dismissed on 17 May 2023 by Inspector Berry A, by written representations. The main issue, as the Inspector framed it: whether the site is in a suitable location for housing development, with particular reference to a reliance on the private car.

A new dwelling

Authority
Mid Suffolk District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Berry A
Postcode
IP21 4AB

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.

What the Inspector cited

Development plan policies
Policy CS1Policy CS2Policy H3Policy H7Policy CS4Policy FC1Policy FC1.1
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 80Paragraph 105Paragraph 161Paragraph 162Paragraph 167
Judgments
Braintree District Council v Secretary of State for Communities and Local Government & Ors [2018] EWCA Civ 61

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

12 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Mid Suffolk District Council

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

  1. Dismissed15 October 20266012038
    The Stables, Bobby Hill, Wattisfield, IP22 1NL
  2. Dismissed14 September 20266010281
    1 Nursery Cottages, Barham, Ipswich, IP6 0PR
  3. Dismissed8 September 20266010228
    Land East of 52 Exeter Road, Claydon, Ipswich, IP6 0BP
  4. Dismissed2 September 20263359620
    Keytons Pit Newton Road, Sudbury, CO10 0PY
  5. Quashed On Legal Grounds1 September 20263344278
    Walnut Meadown, Back Lane, Baylham, Ipswich, IP6 8LE

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.