®Planning appeal decision
Trumans Farm, Manor Lane, Gotherington, Cheltenham, Gloucestershire, GL52 9QX
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
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)
Framework references: 8, 11, 14, 15, 17, 24, 25, 26, 27, 29, 34, 55, 57, 68, 74, 79, 92, 104, 105, 124, 130, 170, 174, 176
Plan policies cited: Policy SP1, Policy REV1, Policy SP2, Policy SD10, Policy SD6, Policy SD7, Policy SD9, Policy SD11, Policy SD12, Policy SD4, Policy SD14, Policy INF4, Policy INF6, Policy INF7, Policy RES3, Policy RES5, Policy LAN1, Policy LAN2, Policy ENV2, Policy HEA1, Policy GNDP01, Policy GNDP02, Policy GNDP03, Policy GNDP09, Policy GNDP10, Policy GNDP11, Policy WCS2, Policy SR01, Policy LND2
Judgments cited: 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
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.