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Allowed5 December 20243338782

Field Farm House, Eastcourt, Malmesbury, Wiltshire, SN16 9HP

Planning appeal 3338782 at Field Farm House, Eastcourt, Malmesbury, Wiltshire, SN16 9HP (Wiltshire Council) was allowed on 5 December 2024 by Inspector Pipkin R, by written representations. The main issue, as the Inspector framed it: Whether the planning obligation provided in the S106 Agreement no longer serves a useful purpose.

Discharge of planning obligation dated 7 December 2006 relating to removal of Section 106 Agreement preventing severance of groom's accommodation from main house

Authority
Wiltshire Council
Appeal type
other · Section 106 Agreement
Procedure
Written Representations
Development
other · Change of use
Inspector
Pipkin R
Postcode
SN16 9HP

Main issues, as the Inspector framed them

  • Whether the planning obligation provided in the S106 Agreement no longer serves a useful purpose

What decided it

The planning obligation no longer serves a useful purpose as the property has functioned as an independent self-contained dwelling since 2007 and the discharge would regularise an existing situation that broadly accords with national policy on rural housing.

What the Inspector cited

Development plan policies
Core Policy 48
National Planning Policy Framework
Paragraph 84

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.