®Planning appeal decision
Land North of St Andrews Road, Fremington, EX31 3BP
Planning appeal 3318751 at Land North of St Andrews Road, Fremington, EX31 3BP (North Devon District Council) was dismissed on 11 September 2023 by Inspector Major P, following an inquiry. The main issue, as the Inspector framed it: Whether or not the Council can demonstrate a deliverable 5 year supply of housing land and therefore whether the 'tilted' balance is engaged.
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
What the Inspector cited
- Development plan policies
- DM01DM04DM05ST04ST07ST08FREST21ST09ST18
- National Planning Policy Framework
- Paragraph 11
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2023
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- Dismissed17 June 20253363071Plot Adjacent 77-78 , Westaway Heights, Barnstaple, EX31 1NR
- Dismissed18 February 20253345727Millennium Green Car Park, Bratton Fleming, Barnstaple, North Devon, EX31 4RE
- Dismissed23 September 20243331613Meadow Park , Roundswell , EX31 3QX
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.