®Planning appeal decision
The Villa, Birks Drive, Ashley Heath, Staffordshire, TF9 4PX
Planning appeal 3318943 at The Villa, Birks Drive, Ashley Heath, Staffordshire, TF9 4PX (Newcastle-under-Lyme Borough Council) was dismissed on 30 January 2024 by Inspector Moore J, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development upon the character and appearance of the area, including trees protected by a Tree Preservation Order (TPO).
construction of 2 storey/2 bedroomed single family dwelling house
- Authority
- Newcastle-under-Lyme Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Moore J
- Postcode
- TF9 4PX
Main issues, as the Inspector framed them
- The effect of the proposed development upon the character and appearance of the area, including trees protected by a Tree Preservation Order (TPO)
What decided it
The significant harm to the character and appearance of the area caused by the incongruous density of development and the substantial loss of trees protected by TPO, which would not be adequately mitigated by replacement planting, outweighs the limited benefits of housing delivery and economic activity.
The limited benefits of housing delivery, economic activity during construction, and sustainable construction features were outweighed by the significant harm to character and appearance and the loss of protected trees, assessed against the Framework taken as a whole.
What the Inspector cited
- Development plan policies
- Policy CSP1 of the Newcastle-under-Lyme and Stoke-on-Trent Core Spatial Strategy 2009Saved Policies N12 and N13 of the Newcastle-under-Lyme Local Plan 2003Policies LNPP1 and LNPP2 of the Loggerheads Neighbourhood Plan 2019Supplementary Planning Document: Newcastle-under-Lyme and Stoke-on-Trent Urban Design Guidance 2010
- National Planning Policy Framework
- Paragraph 135Paragraph 14
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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With an account
What an account adds to this decision
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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.