Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed10 November 20233313793

Munty Cottage, Churchstanton, TAUNTON, TA3 7RH

Authority
Somerset West and Taunton *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Doherty A

What decided it

Even if the Council's unreasonable behaviour regarding the 5-year housing land supply had not occurred, the Council would have had clear grounds to refuse the application due to unacceptable harm to the AONB and character and appearance, meaning the appeal and its costs would have been necessary regardless.

The harm to the AONB and character and appearance, to which great weight must be given under paragraph 176 of the Framework, would have outweighed the limited benefits of the proposed development under either paragraph 11(d)(i) or 11(d)(ii) of the Framework.

Framework references: 75, 176, 11

Judgments cited: North Wiltshire DC v SSE (1993) 65 P&CR 137; R (Midcounties Co-Operative Limited) v Forest of Dean DC [2017] EWHC 2050; Baroness Cumberlege v SSCLG [2017] EWHC 2057; North Wiltshire DC v SSE & Clover (1993) 65 P&CR 137

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.