Planning appeal decision
Stobberts Agricultural Buildings, Stobberts Road, Market Lavington, Devizes, SN10 4AZ
Planning appeal 3313169 at Stobberts Agricultural Buildings, Stobberts Road, Market Lavington, Devizes, SN10 4AZ (Wiltshire Council) was allowed on 26 September 2023 by Inspector White J, by written representations. The main issue, as the Inspector framed it: Whether the proposal would result in highway safety issues.
Change of use of agricultural building to 1 No dwellinghouse (Class C3) and associated operational development
- Authority
- Wiltshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- White J
- Postcode
- SN10 4AZ
Main issues, as the Inspector framed them
- Whether the proposal would result in highway safety issues
- Whether the extent of the proposed works are reasonably necessary to carry out building operations allowed by paragraph Q.1(i) of Schedule 2, Part 3, Class Q of the GPDO
- Whether a dwelling in this location would be compatible with adjacent land and building uses
What decided it
The fallback position of a permitted B8 storage use generating similar or greater highway impacts outweighed the significant adverse highway impact of the proposed dwelling.
The significant adverse highway impact was outweighed by the very substantial weight of the fallback position (B8 storage use with similar or more harmful highway effects), justifying the development.
What the Inspector cited
- National Planning Policy Framework
- Paragraph 54
- Judgments
- Hibbitt and another v Secretary of State for Communities and Local Government, Rushcliffe Borough Council [2016] EWHC 2853 (Admin)
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 appliedThe 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.
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