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Planning appeal decision

Allowed4 December 20233322305

Land west of Moreton Road and Castlemilk, Moreton Road, Buckingham, Buckinhamshire

the erection of 130 dwellings, associated access and parking, landscaping and amenity space and the change of use of land from agriculture to use as sports pitches/recreational open space and informal open space

Authority
Buckinghamshire Council - Aylesbury Area *
Appeal type
other · Called In Planning Application
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Baird G

Main issues, as the Inspector framed them

  • the extent to which the proposed development is consistent with Government policies for achieving well designed places, as set out in the NPPF (Chapter 12)
  • the extent to which the proposed development is consistent with the guidance on design set out the National Design Guide (2021) and the National Model Design Code (2021)
  • the extent to which the proposed development is consistent with the development plan for the area
  • any other matters the Inspector considers relevant

What decided it

The absence of a five-year housing land supply triggered the tilted balance, and the significant benefits of market housing, affordable housing and public open space outweighed the limited landscape and agricultural land harms.

The significant weight afforded to market housing, affordable housing and public open space provision, together with moderate weight for ecological and other benefits, outweighed the limited weight given to adverse landscape impact and loss of BMV agricultural land, so the presumption in favour of sustainable development applied and permission was granted.

Framework references: 8, 10, 11, 48, 56, 57, 60, 74, 92, 98, 100, 110, 111, 126, 127, 128, 130, 132, 152, 154, 161, 162, 164, 166, 167, 174, 179, 180

Plan policies cited: Policy S2, Policy S3, Policy D2, Policy BUC043, Policy H1, Policy H5, Policy H6a, Policy H6c, Policy T1, Policy T3, Policy T4, Policy T5, Policy T6, Policy T7, Policy T8, Policy BE1, Policy BE2, Policy BE3, Policy BE4, Policy C3, Policy NE1, Policy NE4, Policy NE8, Policy I1, Policy I2, Policy I4, Policy I5, Policy HP1, Policy HP4, Policy HP5, Policy DHE1, Policy DHE2, Policy DHE4, Policy DHE5, Policy DHE6, Policy CLH2, Policy I3

Judgments cited: Bernard Wheatcroft v Secretary of State for the Environment: CA 1982; Holborn Studios Ltd v The Council for the London Borough of Hackney November 2017 [2017] EWHC 2823 (Admin); Patrick Hardcastle v Buckinghamshire Council [2022] EWHC 2905 (Admin)

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.