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Dismissed17 October 20233312925

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

Planning appeal 3312925 at Vicarage Park, Land North of Westentown, Kingston, TQ7 4LU (South Hams District Council) was dismissed on 17 October 2023 by Inspector Wyborn D, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
TQ7 4LU

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and the AONB, combined with the inability to demonstrate that protected species would not be adversely affected due to out-of-date ecological surveys, meant the proposal would not accord with the development plan and the benefits could not outweigh these harms.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

What the Inspector cited

Development plan policies
Policy DEV20Policy DEV23Policy DEV24Policy DEV25Policy DEV26Policy DEV28Policy DEV35Policy SPT1Policy SPT14Policy TTV1Policy TTV26Policy TTV27Policy KNP1Policy KNP3Policy KNP5Policy KNP6Policy KNP7Policy KNP8
National Planning Policy Framework
Paragraph 11Paragraph 177

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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More decisions in South Hams

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

  1. Allowed23 September 20266004446
    Land at Rutt Lane Sx 647 562, Ivybridge, PL21 0ZB
  2. Allowed1 May 20266001586
    Dennings, Wallingford Road, Kingsbridge, Devon, TQ7 1NF
  3. Allowed24 February 20266001392
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  4. Allowed27 January 20266000645
    11 Mead Close, Ivybridge, Devon, PL21 9RW
  5. Allowed16 January 20253344593
    Sunnydale, Newton Road, Salcombe, TQ8 8HH

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.