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Planning appeal decision

Dismissed8 July 20243332246

Land Opposite 16 St Thomas Passage, Trowbridge, Wiltshire

Planning appeal 3332246 at Land Opposite 16 St Thomas Passage, Trowbridge, Wiltshire (Wiltshire Council) was dismissed on 8 July 2024 by Inspector Rogers J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on protected species, most notably badgers.

two bungalows with 3no. off-road parking spaces

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Rogers J
Postcode
BA14 8SE

Main issues, as the Inspector framed them

  • the effect of the proposed development on protected species, most notably badgers
  • the parking conditions in the area and, consequently, the safety of users of the surrounding highway network

What decided it

The failure to demonstrate that the proposed development could be constructed and occupied without causing an offence under the Protection of Badgers Act 1992, combined with the absence of a properly executed planning obligation to secure adequate parking provision, meant the development conflicted with the development plan with no material considerations to outweigh the harm.

The Council's housing land supply exceeds the four-year minimum requirement, so the tilted balance does not apply; the proposal conflicts with the development plan and no material considerations outweigh the identified harm.

What the Inspector cited

Development plan policies
Policy 50 of the Wiltshire Core StrategyPolicy 61 of the Wiltshire Core StrategyPolicy 64 of the Wiltshire Core Strategy
National Planning Policy Framework
Paragraph 11

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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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.