Planning appeal decision
Land off Desford Lane, Ratby, LE6 0HF
an outline planning application for the erection of up to 225 dwellings (including 40% affordable housing) with public open space, landscaping and sustainable drainage system (SuDS) and a vehicular access point. All matters reserved except for means of access
- Authority
- Hinckley and Bosworth Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Davies G
Main issues, as the Inspector framed them
- The spatial strategy of the development plan, in relation to the location of new development
- The landscape
- Accessibility to services and facilities
- The settings of the grade II* listed Church of St Philip and St James, and of the Ratby Conservation Area
What decided it
The Council's inability to demonstrate a five-year housing land supply engaged the tilted balance in paragraph 11(d) of the Framework, and the identified harms did not significantly and demonstrably outweigh the benefits, particularly the delivery of market and affordable housing.
The limited weight given to conflict with the spatial strategy and the moderate weight given to landscape harm were outweighed by the significant weight given to housing delivery (including affordable housing) and other lesser benefits, such that the tilted balance favoured granting permission.
Framework references: 11, 54, 56, 76, 77, 180, 205, 208, 226
Plan policies cited: Policy 6, Policy 7, Policy 8, Policy DM1, Policy DM4, Policy DM10, Policy DM11, Policy DM12, Policy DM17
Judgments cited: Monkhill Ltd v SSHCLG [2019] EWHC 1993 (Admin); Monkhill Ltd v SSHCLG [2021] EWCA Civ 74; Bramley Solar Farm Residents' Group v SSLUHC and others [2023] EWHC 2842 (Admin)
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.
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