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Dismissed10 June 20243331962

Land At (Os 8157 4265) , Winnington Gardens , Hanley Swan, WR8 0DJ

Planning appeal 3331962 at Land At (Os 8157 4265) , Winnington Gardens , Hanley Swan, WR8 0DJ (Malvern Hills District Council) was dismissed on 10 June 2024 by Inspector Townend K, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on biodiversity, in particular badgers.

erection of 6no dwellings, new access arrangements and associated works

Authority
Malvern Hills District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Townend K

Main issues, as the Inspector framed them

  • The effect of the proposed development on biodiversity, in particular badgers

What decided it

The failure to provide sufficient evidence of a full badger survey to establish the baseline ecological position and demonstrate that adverse effects on badgers could be adequately avoided or mitigated, contrary to Policy SWDP 22 and Circular 06/2005.

The environmental harm from potential adverse effect on badgers, afforded significant weight, significantly and demonstrably outweighed the limited benefits from housing delivery, economic benefits and environmental benefits from open space, such that the presumption in favour of development did not apply.

What the Inspector cited

Development plan policies
SWDP 2SWDP 22
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 60Paragraph 83

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

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More decisions in Malvern Hills

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

  1. Allowed8 December 20253369030
    Land to the North of Hope Lane , Clifton Upon Teme, WR6 6DN
  2. Allowed2 June 20253359615
    Sherborne, Severn Stoke, Worcester, WR8 9JA
  3. Allowed23 May 20253353961
    Land At (Os 5993 6704) Terrills Farm, Terrills Lane, Tenbury Wells , WR15 8RG
  4. Allowed27 March 20253350677
    Land South of Stourport Road, Stourport Road, Great Witley, Worcester, WR6 6JT
  5. Dismissed26 February 20253346772
    Land At (Os 6913 7113), Mamble, Kidderminster, DY14 9JF

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.