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Dismissed27 April 20233310113

Lilley Brook House (Land Adjacent Brecon House), Charlton Hill, Cheltenham, GL53 9NE

Planning appeal 3310113 at Lilley Brook House (Land Adjacent Brecon House), Charlton Hill, Cheltenham, GL53 9NE (Cheltenham Borough Council) was dismissed on 27 April 2023 by Inspector Sabu R, following a hearing. The main issue, as the Inspector framed it: the effect of the proposed development on the Cotswold Beechwoods Special Area of Conservation (SAC).

construction of a dwelling, estate management building, and associated landscaping, ecology enhancements, access, parking and garaging

Authority
Cheltenham Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Sabu R
Postcode
GL53 9NE

Main issues, as the Inspector framed them

  • the effect of the proposed development on the Cotswold Beechwoods Special Area of Conservation (SAC)
  • whether the proposal would accord with the Council's development plan strategy for housing
  • the effect of the proposed development on the Cotswolds Area of Outstanding Natural Beauty (AONB)
  • whether the proposal would meet the policy exception for new dwellings in the countryside as set out in paragraph 80e of the National Planning Policy Framework (Framework)

What decided it

The proposal would result in an adverse effect on the integrity of the Cotswold Beechwoods SAC, with no secured mechanism to mitigate recreational disturbance impacts.

The adverse effect on the SAC's integrity was treated as a clear reason for refusal that outweighed the design merits, the lack of harm to the AONB, and meant the tilted balance under paragraph 11(d) did not apply despite the shortfall in housing land supply.

What the Inspector cited

Development plan policies
JCS Policy SD10JCS Policy SD7
National Planning Policy Framework
Paragraph 80Paragraph 176Paragraph 182Paragraph 11

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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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.