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Planning appeal decision

Allowed16 January 20243324227

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

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

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.

Framework references: 11, 66, 70, 85, 102, 129, 130, 135, 139

Plan policies cited: Policy STR3, Policy STR4, Policy STR1, Policy ENV3, Policy ENV4, Policy D1, Policy DW-E2, Policy CS7, Policy HOU2, Policy IMPL1, Policy ENV1, Policy DM3, Policy SM2, Policy DW-E12

Judgments cited: 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

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.