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Planning appeal decision

Allowed27 March 20243320919

Chapel Fields Livery Stables , Chapel Lane , Witherley , Atherstone , CV9 3LR

the construction of five detached dwellings with associated garages, parking provision, access and landscaping

Authority
Hinckley and Bosworth Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Beeby C

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.

Framework references: 226, 77, 11, 180, 114

Plan policies cited: Policy DM1, Policy DM4, Policy DM10, Policy DM25, Policy 12, Policy DM13, Policy DM7, Policy DM6, Policy DM17

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.