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Planning appeal decision

Dismissed11 September 20233318751

Land north of St Andrews Road, Fremington, EX31 3BP

the erection of up to 161 residential dwellings, involving the demolition of an existing dwelling (no. 18 St Andrews Road) to create a new access onto St Andrews Road, and associated landscaping and open space

Authority
North Devon District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Major P

Main issues, as the Inspector framed them

  • Whether or not the Council can demonstrate a deliverable 5 year supply of housing land and therefore whether the 'tilted' balance is engaged
  • The impact of the proposed development on the living conditions of neighbouring occupants, with particular reference to those in close proximity to the proposed access
  • Whether the development as a whole, including the access, would be of a satisfactory standard (the design issue)
  • In light of my findings on the matter of the 5 year housing land supply position and other issues, whether the planning balance supports the development proposed

What decided it

The proposal's fundamentally flawed design, arising from the inability to provide a suitable vehicular access without significant harm to neighbouring living conditions, outweighed the benefits including affordable housing provision.

the numerically superior benefits (including a substantial benefit from affordable housing) did not outweigh the significant harm to residential amenity and the substantial harm from poor design, so the balance tipped against the proposal

Framework references: 11

Plan policies cited: DM01, DM04, DM05, ST04, ST07, ST08, FRE, ST21, ST09, ST18

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.