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Dismissed29 August 20233315584

Land South of Warren Lane, Long Ashton, BS41 9DA

Planning appeal 3315584 at Land South of Warren Lane, Long Ashton, BS41 9DA (North Somerset Council) was dismissed on 29 August 2023 by Inspector Fagan N, following an inquiry. The main issue, as the Inspector framed it: Whether the proposed development would cause less than substantial harm to the significance of the Gatcombe Roman Site Scheduled Monument (the SM) and, if so, whether that harm would be outweighed by any public benefits.

in the form of an application for outline planning permission for the erection of up to 35no dwellings, allotments and associated access, parking, drainage infrastructure and landscaping, with new access off Weston Road for approval and appearance, layout, scale and landscaping reserved for subsequent approval

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Fagan N
Postcode
BS41 9DA

Main issues, as the Inspector framed them

  • Whether the proposed development would cause less than substantial harm to the significance of the Gatcombe Roman Site Scheduled Monument (the SM) and, if so, whether that harm would be outweighed by any public benefits
  • Whether the proposals would result in inappropriate development in the Bristol & Bath Green Belt and, if so, whether any benefits arising from it would amount to the very special circumstances (VSCs) necessary to outweigh such harm and any other harm

What decided it

The public and heritage benefits did not outweigh the less than substantial harm to the significance of the Scheduled Monument, and did not amount to very special circumstances outweighing the Green Belt harm from inappropriate development and loss of openness.

The heritage, affordable housing, economic, open space, biodiversity net gain and allotment benefits, even taken cumulatively and at the weights argued for by the appellant, came nowhere near outweighing the harm to the significance of the Scheduled Monument nor the harm to the Green Belt from inappropriateness and loss of openness, so the balance tipped against the development.

What the Inspector cited

Development plan policies
Policy CS5Policy DM6Policy CS17Policy DM12Policy CS32
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 15Paragraph 147Paragraph 148Paragraph 149Paragraph 199Paragraph 202
Judgments
Euro Garages Ltd v SSHCLG (QBD) [2018] EWHC 1753 (Admin); Hayes judgement

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.

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The decision letter

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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.

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