®Planning appeal decision
J L Atherton & Co, Baldwins Gate Farm, Baldwins Gate, Newcastle, ST5 5ES
Planning appeal 3314808 at J L Atherton & Co, Baldwins Gate Farm, Baldwins Gate, Newcastle, ST5 5ES (Newcastle-under-Lyme Borough Council) was allowed on 12 July 2023 by Inspector Mileham P, following an inquiry. The main issue, as the Inspector framed it: Whether the proposed development would be in a suitable location for new housing having regard to the availability of public transport.
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
- Postcode
- ST5 5ES
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
What the Inspector cited
- Development plan policies
- Policy SP3 of the Newcastle Under Lyme and Stoke on Trent Joint Core Spatial Strategy (2009)Policy CSP1 of the CSSPolicy CSP4 of the CSSPolicy ASP6 of the CSSPolicy N17 of the Newcastle Under Lyme Borough Council saved Local Plan (2003)Policy N21 of the Local PlanPolicy H1 of the Local PlanPolicy NE1 of the Chapel and Hill Chorlton, Maer, Aston and Whitmore Neighbourhood Plan (2019)Policy HG1 of the Neighbourhood Plan
- National Planning Policy Framework
- Paragraph 11Paragraph 14Paragraph 56Paragraph 57Paragraph 74Paragraph 105Paragraph 174
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Newcastle-under-Lyme Borough Council
The authority’s record since 2016 · every decision in 2023
- Allowed16 October 20253369116Land to East of Woodside, Baldwins Gate, Newcastle Under Lyme, ST5 5DA
- Allowed8 September 20253363903Lands at New Farm, Cross Lane,, Audley, Staffordshire, ST7 8JQ
- Allowed5 June 20253354312Land South of Eccleshall Road , Loggerheads, TF9 4DJ
- Allowed29 May 20253355961Acreswood Manor Road, Baldwins Gate, Newcastle, ST5 5ET
- Dismissed5 August 20243333944Land at Station Road, Onneley, CW3 9QQ
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.