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Dismissed9 October 20233315962

Land South of Filands, Malmesbury, SN16 9JN

Planning appeal 3315962 at Land South of Filands, Malmesbury, SN16 9JN (Wiltshire Council) was dismissed on 9 October 2023 by Inspector Jackson P, following a hearing. The main issue, as the Inspector framed it: The main issue in both appeals is whether the proposed detailed reserved matters application would lead to a combined scheme that is of a high quality of design and layout, having regard to advice in the development plan and national guidance.

residential development, including the construction of up to 71 dwellings, the creation of new vehicular access with footways and cycleways and ancillary road infrastructure, public open spaces, children's play area, landscape planting, surface water attenuation and associated infrastructure (outline planning application, all matters reserved except means of access only in relation to a new point of access into the site)

Authority
Wiltshire Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Jackson P

Main issues, as the Inspector framed them

  • The main issue in both appeals is whether the proposed detailed reserved matters application would lead to a combined scheme that is of a high quality of design and layout, having regard to advice in the development plan and national guidance.

What decided it

The poor quality of the combined design and layout arising from the lack of coordinated masterplanning between the two parcels, causing long-term harm that outweighed the housing benefits.

Substantial benefits from housing delivery, affordable housing and employment were significantly and demonstrably outweighed by the long-term harm from poor design and layout, assessed against the NPPF as a whole.

What the Inspector cited

Development plan policies
CS Policy 57
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 127Paragraph 130Paragraph 131

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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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.