Planning appeal decision
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
- Authority
- Wiltshire Council
- 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inability to demonstrate a 5-year supply of deliverable housing sites rendered the settlement boundary policies out-of-date and reduced them to limited weight, allowing the benefits of the scheme to outweigh the policy conflict.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 appliedThe decision letter
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More decisions in Wiltshire
The authority’s record since 2016 · every decision in 2023
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- Allowed23 June 20266006895Poles Farm, Swallowcliffe, Salisbury, SP3 5NX
- Dismissed11 June 20266004915The Spice Merchant, Holloway, Malmesbury, SN16 9HX
- Dismissed6 May 20266002845Land 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.
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