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Allowed11 September 20233314936

Trumans Farm, Manor Lane, Gotherington, Cheltenham, Gloucestershire, GL52 9QX

Planning appeal 3314936 at Trumans Farm, Manor Lane, Gotherington, Cheltenham, Gloucestershire, GL52 9QX (Tewkesbury Borough Council) was allowed on 11 September 2023 by Inspector Bristow T, following an inquiry. The main issue, as the Inspector framed it: whether TBC is able to demonstrate a 5YHLS.

described on the application form as ‘residential development comprising 45 dwellings, creation of new access, public open space and other associated ancillary works

Authority
Tewkesbury Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Bristow T
Postcode
GL52 9QX

Main issues, as the Inspector framed them

  • whether TBC is able to demonstrate a 5YHLS
  • whether the location of the appeal site is suitable for housing with reference to the spatial approach in the development plan
  • the effect of the proposal on community cohesion
  • the effect of the proposal on landscape and local character

What decided it

The Council's inability to demonstrate a five-year housing land supply (at best 3.39 years), engaging the NPPF paragraph 11(d)(ii) tilted balance which the limited landscape and other harms did not outweigh.

the significant benefits of housing delivery, affordable housing, economic benefits and biodiversity net gain outweighed the moderate-to-limited landscape harm and limited harm from loss of agricultural land, such that adverse impacts did not significantly and demonstrably outweigh the benefits under NPPF paragraph 11(d)(ii)

What the Inspector cited

Development plan policies
Policy SP1Policy REV1Policy SP2Policy SD10Policy SD6Policy SD7Policy SD9Policy SD11Policy SD12Policy SD4Policy SD14Policy INF4Policy INF6Policy INF7Policy RES3Policy RES5Policy LAN1Policy LAN2Policy ENV2Policy HEA1Policy GNDP01Policy GNDP02Policy GNDP03Policy GNDP09Policy GNDP10Policy GNDP11Policy WCS2Policy SR01Policy LND2
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 14Paragraph 15Paragraph 17Paragraph 24Paragraph 25Paragraph 26Paragraph 27Paragraph 29Paragraph 34Paragraph 55Paragraph 57Paragraph 68Paragraph 74Paragraph 79Paragraph 92Paragraph 104Paragraph 105Paragraph 124Paragraph 130Paragraph 170Paragraph 174Paragraph 176
Judgments
Fox Strategic Land & Property Ltd. v Secretary of State for Communities and Local Government [2012] EWCA Civ. 1198; Tewkesbury Borough Council v Secretary of State for Housing Communities and Local Government [2021] EWHC 2782 (Admin) (18 October 2021); Monkhill Ltd v Secretary of State for Housing, Communities And Local Government [2019] EWHC 1993 (Admin) (24 July 2019); Stroud DC v SSCLG & Gladman Developments Ltd [2015] EWHC 448 Admin; CEG Land Promotions II Ltd v Secretary of State for Housing, Communities and Local Government [2018] EWHC 1799 (Admin), [2019] PTSR 353

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 Tewkesbury

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

  1. Allowed29 June 20266003077
    Brockeridge Park, Brockeridge Road, Twyning, GL20 6FD
  2. Dismissed26 March 20266002722
    41A High Street, Tewkesbury, GL20 5BB
  3. Notice varied and upheld12 February 20263360223
    Land at The Lays, Oakle Street, Minsterworth, Gloucestershire, GL2 8JR
  4. Dismissed19 January 20266001355
    Greatfield Farm, Shurdington Road, Cheltenham, Gloucestershire, GL51 3QX
  5. Allowed16 December 20253364053
    Land at Olde Lane, Toddington, Cheltenham, Gloucestershire, GL54 5DW

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.