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Planning appeal decision

Dismissed17 October 20233312925

Vicarage Park, Land North of Westentown, Kingston, TQ7 4LU

an outline application with some matters reserved for 12 new houses. Alterations to existing access and construction of access road, realignment and creation of new public rights of way, provision of public open space and strategic landscaping (Resubmission of 4068/17/OPA)

Authority
South Hams District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Wyborn D

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area, having regard to the location within the South Devon Area of Outstanding Natural Beauty (AONB) and whether or not the scheme would represent Major Development
  • whether or not the development plan would support the proposed development in this location
  • the effect of the proposal on biodiversity
  • whether or not the scheme could be provided with satisfactory surface and foul water drainage

What decided it

The substantial harm to the character and appearance of the area and the AONB, combined with the inability to demonstrate that protected species would not be adversely affected due to out-of-date ecological surveys, meant the proposal would not accord with the development plan and the benefits could not outweigh these harms.

The substantial benefits of delivering seven affordable housing units, five market units, economic and social benefits, and public open space were outweighed by the combined harms of undue damage to the character and appearance of the area and the AONB (to which great weight was given), policy conflicts with the development plan regarding location outside the Development Boundary, and significant potential adverse impacts on protected species.

Framework references: 11, 177

Plan policies cited: Policy DEV20, Policy DEV23, Policy DEV24, Policy DEV25, Policy DEV26, Policy DEV28, Policy DEV35, Policy SPT1, Policy SPT14, Policy TTV1, Policy TTV26, Policy TTV27, Policy KNP1, Policy KNP3, Policy KNP5, Policy KNP6, Policy KNP7, Policy KNP8

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.