Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Allowed16 January 20243324227

Orchard Gate Noads Way, Dibden Purlieu, Southampton, SO45 4PD

Planning appeal 3324227 at Orchard Gate Noads Way, Dibden Purlieu, Southampton, SO45 4PD (New Forest District Council) was allowed on 16 January 2024 by Inspector Dyer I, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the site and the surrounding area, with particular reference to trees.

demolition of the existing buildings and the erection of 25 dwellings with associated access, landscaping and parking

Authority
New Forest District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Dyer I
Postcode
SO45 4PD

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the site and the surrounding area, with particular reference to trees
  • Whether the proposed development would make suitable provision for recreation and public open space
  • Whether the site makes suitable provision for affordable housing

What decided it

Because the Council could not demonstrate a five-year housing land supply, the tilted balance in paragraph 11(d) of the Framework applied and the benefits of the scheme were found not to be significantly and demonstrably outweighed by the moderate harms identified.

The moderate harm to character and appearance and to open space provision was outweighed by the significant benefits of housing and affordable housing delivery together with economic, social and environmental benefits, so the tilted balance favoured allowing the appeal.

What the Inspector cited

Development plan policies
Policy STR3Policy STR4Policy STR1Policy ENV3Policy ENV4Policy D1Policy DW-E2Policy CS7Policy HOU2Policy IMPL1Policy ENV1Policy DM3Policy SM2Policy DW-E12
National Planning Policy Framework
Paragraph 11Paragraph 66Paragraph 70Paragraph 85Paragraph 102Paragraph 129Paragraph 130Paragraph 135Paragraph 139
Judgments
Wavendon Properties Limited v Secretary of State of Housing Communities and Local Government [2019] EWHC 1524 (Admin); Paul Newman Homes Ltd v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 15, PTSR 1054; Crane v SSCLG [2015] EWHC 425 (Admin); Suffolk Coastal DC v Hopkins Homes Ltd and Richborough Estates Partnership LLP & Cheshire East v SSCLG [2016] EWCA Civ 168

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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

39 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 New Forest District Council

The authority’s record since 2016 · every decision in 2024

  1. Dismissed26 February 20266000591
    Provost Bungalow, Rockbourne, Fordingbridge, Hampshire, SP6 3NR
  2. Dismissed11 November 20253367923
    Lorraine Cooks Lane, Calmore, Southampton, SO40 2RU
  3. Dismissed20 October 20253368642
    2 Fennel Gardens, Lymington, SO41 9FS
  4. Allowed14 November 20243338503
    12-14 Langdown Lawn, Hythe, Southampton, SO45 5GR
  5. Allowed25 October 20243331106
    Land of 75 Burley Road, Bockhampton, Christchurch, BH23 7AJ

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.