Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed14 November 20233324031

Land South of Western Way, Melksham

Planning appeal 3324031 at Land South of Western Way, Melksham (Wiltshire Council) was allowed on 14 November 2023 by Inspector Sturgess M, following an inquiry. The main issue, as the Inspector framed it: the suitability of the location for the proposed development having regard to the policies of the development plan.

outline application (with all matters reserved except for access) for the erection of up to 210 residential dwellings (class C3) and a 70-bed care home (class C2) with associated access, landscaping and open space

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Sturgess M

Main issues, as the Inspector framed them

  • the suitability of the location for the proposed development having regard to the policies of the development plan
  • the position of the Council with regard to a 5-year supply of deliverable housing sites, including the status of the Neighbourhood Plan
  • whether the requirements of the Council in terms of the need for affordable housing, the provision of open space, the provision of public art, healthcare provision, public transport provision, strategic transport provision and waste collection provision are necessary in terms of paragraph 57 of the National Planning Policy Framework and Regulation 122 of the Community Infrastructure Levy Regulations 2010 and, if these requirements are found to be necessary, whether they are capable of being addressed through an agreed planning obligation

What decided it

The Council's inability to demonstrate a 5-year supply of deliverable housing sites rendered the settlement boundary policies out-of-date and reduced them to limited weight, allowing the benefits of the scheme to outweigh the policy conflict.

the substantial weight given to the benefits of housing delivery, affordable housing, the care home and economic benefits outweighed the limited weight given to the conflict with the settlement boundary policies, such that adverse impacts did not significantly and demonstrably outweigh the benefits when assessed against the Framework as a whole

What the Inspector cited

Development plan policies
Policy CP1Policy CP2Policy 6Core Policy 3
National Planning Policy Framework
Paragraph 14Paragraph 57Paragraph 98Paragraph 111

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 applied

The 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

18 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Wiltshire

The authority’s record since 2016 · every decision in 2023

  1. Allowed30 September 20266007924
    Beehive Cottage, Portway, Salisbury, SP4 6BL
  2. Dismissed13 July 20266002635
    Castle View Care Centre, 8 Old Castle Road, Salisbury, Wiltshire, SP1 3SF
  3. Allowed23 June 20266006895
    Poles Farm, Swallowcliffe, Salisbury, SP3 5NX
  4. Dismissed11 June 20266004915
    The Spice Merchant, Holloway, Malmesbury, SN16 9HX
  5. Dismissed6 May 20266002845
    Land South of Drynham Lane, Trowbridge, Wiltshire, BA14 0PL

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.