®Planning appeal decision
Land to the East of Waitrose, A429, Malmesbury, Wiltshire, SN16 9FN
Planning appeal 3317252 at Land to the East of Waitrose, A429, Malmesbury, Wiltshire, SN16 9FN (Wiltshire Council) was allowed on 5 March 2024 by Inspector Tucker A, by written representations. The main issue, as the Inspector framed it: Whether the site is suitably located for the development proposed, with regard to the development plan.
self build residential development with associated infrastructure works, landscaping, open space and a minor variation of the route of footpath MALM19. For the purposes of the Community Infrastructure regime (and any other relevant purpose), the application is for a phased development. Phase A comprising the construction of the infrastructure works, landscaping, open space and a minor variation of the route of footpath MALM19. The construction of each self build dwelling is an individual phase
- Authority
- Wiltshire Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Tucker A
Main issues, as the Inspector framed them
- Whether the site is suitably located for the development proposed, with regard to the development plan
- The effect of the proposal on the character and appearance of the area, including the setting of the Grade 1 Abbey Church of St Mary and St Aldhelm and St Pauls Bell Tower, and the Malmesbury Conservation Area
What decided it
The substantial weight given to the self-build nature of the proposal, combined with demonstrated under-delivery against high demand for self-build plots and the site's good accessibility to services, was sufficient to outweigh both the heritage harm and the conflict with the development plan's locational policies.
The considerable harm to the setting of listed buildings and conservation area was outweighed by the substantial public benefits of self-build delivery (addressing a significant shortfall in supply against demand), economic benefits, and the site's sustainable location with good access to town services and facilities
What the Inspector cited
- Development plan policies
- Core Policy 1Core Policy 2Core Policy 13Core Policy 51Core Policy 57Core Policy 58Saved Policy H4Policy 13
- National Planning Policy Framework
- Paragraph 11Paragraph 57Paragraph 205Paragraph 208
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
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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.