Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed12 July 20233310678

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY

the proposed erection of three residential dwellings

Authority
Mid Suffolk District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Somers J

Main issues, as the Inspector framed them

  • Whether the proposal would provide a suitable site for development, having regard to its location in conjunction with the Housing Strategy of the area

What decided it

The out-of-date status of the development plan policies restricting development outside settlement boundaries, combined with the site's location as infill development well-related to the existing settlement, triggered the tilted balance under paragraph 11 of the Framework, which favoured the provision of three dwellings.

The conflict with out-of-date development plan policies was outweighed by the substantial benefits of providing three market dwellings on a site that functions as infill development and is visually and functionally well-related to the existing village, together with moderate economic and environmental benefits.

Framework references: 11, 48, 69, 78, 79, 105, 110

Plan policies cited: Saved Mid Suffolk Core Strategy 2008 Policy CS1, Saved Mid Suffolk Core Strategy 2008 Policy CS2, Saved Mid Suffolk Local Plan 1998 Policy H7, Mid Suffolk Core Strategy Focused Review Policy FC1, Mid Suffolk Core Strategy Focused Review Policy FC1.1, Policy CS3

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Braintree District Council v Secretary of State for Communities and Local Government, Greyread Limited & Granville Development Limited [2017]

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.