®Planning appeal decision
Land On The South East Side Of, Church Road, Stowupland, Stowmarket, Suffolk, IP14 4BQ
the erection of 14 dwellings (including 5 affordable homes and 4 self-builds)
- Authority
- Mid Suffolk District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Robbie K
Main issues, as the Inspector framed them
- Whether the appeal site is a suitable location for the proposed development having regard to local and national policies
- The effect of the proposed development on the character and appearance of the site and the surrounding area
- The provision of affordable housing
- The effect of the development on biodiversity
- The effect of the development on highway safety
- Whether the scheme would prejudice the delivery of mitigation and improvement previously secured by a legal agreement
What decided it
The appeal site's location outside the settlement boundary in open countryside, contrary to the development plan's direction of housing to sustainable locations within defined boundaries, combined with unresolved biodiversity concerns and the defective s.106 mechanism for affordable housing, rendered the proposal unacceptable.
The limited economic benefits and provision of affordable homes and self-build units were outweighed by the conflict with the development plan regarding locational suitability, harm to character and appearance, and unresolved biodiversity impacts; the appeal was dismissed.
Framework references: 84, 83, 135, 180, 115, 116, 55, 57, 58, 11
Plan policies cited: JLP Policy SP03, NP Policy SNP7, NP Policy SNP1, JLP Policy SP09, JLP Policy LP15, SNP Policy SNP8, SNP Policy SNP14, JLP Policy LP24, JLP Policy LP27, JLP Policy LP28, JLP Policy SP02, JLP Policy LP16, SNP Policy SNP10, JLP Policy LP29
Judgments cited: Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL, 1982, P37]
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.