Planning appeal decision
Chapel Fields Livery Stables , Chapel Lane , Witherley , Atherstone , CV9 3LR
Planning appeal 3320919 at Chapel Fields Livery Stables , Chapel Lane , Witherley , Atherstone , CV9 3LR (Hinckley and Bosworth Borough Council) was allowed on 27 March 2024 by Inspector Beeby C, following a hearing. The main issue, as the Inspector framed it: Whether the proposed development would provide a suitable site for housing, having regard to its effect on the appearance of the area and the proximity of services and facilities.
the construction of five detached dwellings with associated garages, parking provision, access and landscaping
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Beeby C
- Postcode
- CV9 3LR
Main issues, as the Inspector framed them
- Whether the proposed development would provide a suitable site for housing, having regard to its effect on the appearance of the area and the proximity of services and facilities
- The effect of the proposed development on the living conditions of the occupiers of Plot 1, with particular regard to noise levels
- The effect of the proposed development on a community facility
What decided it
Applying the paragraph 11(d)ii tilted balance, the identified limited/minimal adverse impacts did not significantly and demonstrably outweigh the benefits of the scheme, including housing delivery in an area without a five-year supply.
The limited harms to the planned strategy, character and appearance, sustainable transport and living conditions did not significantly and demonstrably outweigh the limited benefits of housing delivery, biodiversity net gain and economic/social benefits, so the presumption in favour of sustainable development indicated permission should be granted despite conflict with the development plan as a whole.
What the Inspector cited
- Development plan policies
- Policy DM1Policy DM4Policy DM10Policy DM25Policy 12Policy DM13Policy DM7Policy DM6Policy DM17
- National Planning Policy Framework
- Paragraph 226Paragraph 77Paragraph 11Paragraph 180Paragraph 114
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.
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