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Planning appeal decision

Dismissed10 September 20243339577

Land North of Bay Tree Cottage, The Gardens, Adstock, Buckinghamshire, MK18 2JF

erection of a new two storey dwelling and associated landscaping works

Authority
Buckinghamshire Council - Aylesbury Area *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Harding C

Main issues, as the Inspector framed them

  • whether the proposal would accord with the Council's development strategy in relation to the location of residential development
  • whether the proposal would deliver biodiversity net gain

What decided it

The proposal's conflict with the spatial strategy for residential development location and failure to secure biodiversity net gain through an enforceable planning obligation meant the adverse impacts significantly and demonstrably outweighed the benefits under the tilted balance.

Under NPPF paragraph 11(d)(ii), the modest housing contribution (4.7 years supply shortfall), economic benefits and minor family and security benefits were outweighed by the conflict with spatial strategy and failure to deliver biodiversity net gain, such that adverse impacts significantly and demonstrably outweighed benefits.

Framework references: 11, 60, 85

Plan policies cited: VALP Policy S1, VALP Policy S2, VALP Policy S3, VALP Policy D4, VALP Policy NE1, VALP Policy NE4

Judgments cited: Julian Wood v SSCLG and Gravesham BC [2015] EWCA Civ 195

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.