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Planning appeal decision

Allowed12 July 20233314808

J L Atherton & Co, Baldwins Gate Farm, Baldwins Gate, NEWCASTLE, ST5 5ES

the construction of up to 200 dwellings set within a community parkland

Authority
Newcastle-under-Lyme Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Mileham P

Main issues, as the Inspector framed them

  • Whether the proposed development would be in a suitable location for new housing having regard to the availability of public transport
  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on best and most versatile agricultural land

What decided it

The tilted balance under paragraph 11 of the Framework, triggered by the Council's inability to demonstrate a five year housing land supply, meant the substantial housing benefits outweighed the moderate identified harms.

the substantial benefits of market and affordable housing delivery, together with moderate economic, social and environmental benefits, were not significantly and demonstrably outweighed by the moderate adverse effects arising from harm to character and appearance, loss of BMVAL, out-commuting, and conflict with housing supply and spatial strategy policies

Framework references: 11, 14, 56, 57, 74, 105, 174

Plan policies cited: Policy SP3 of the Newcastle Under Lyme and Stoke on Trent Joint Core Spatial Strategy (2009), Policy CSP1 of the CSS, Policy CSP4 of the CSS, Policy ASP6 of the CSS, Policy N17 of the Newcastle Under Lyme Borough Council saved Local Plan (2003), Policy N21 of the Local Plan, Policy H1 of the Local Plan, Policy NE1 of the Chapel and Hill Chorlton, Maer, Aston and Whitmore Neighbourhood Plan (2019), Policy HG1 of the Neighbourhood Plan

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.