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Planning appeal decision

Dismissed2 August 20243340576

Magnum Fabrications Ltd, 18 High Street, Donington, SPALDING, PE11 4TA

a “proposal of 11 dwellings comprising of 7 town houses and 4 detached dwellings

Authority
South Holland District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Pearce S

Main issues, as the Inspector framed them

  • whether the proposed development would be ancillary to the effective functioning of the Established Employment Site
  • whether the proposed development would preserve or enhance the character or the appearance of the Donington Conservation Area
  • the effect of the proposed development on the living conditions of future occupiers, with particular regard to noise

What decided it

The irreconcilable conflict between the need for acoustic mitigation (a 2.4 metre fence) to protect future residents from noise, which is unacceptable on heritage grounds in a Conservation Area, and the absence of any alternative adequate mitigation, combined with the loss of employment land contrary to Policy 7.

The modest weight of housing delivery and town centre location benefits was insufficient to outweigh the less-than-substantial harm to the significance of the designated heritage asset, to which great weight must be given under paragraph 205 of the Framework, and the conflicts with development plan policies on employment land protection and residential amenity.

Framework references: 205, 208

Plan policies cited: Policy 7, Policy 2, Policy 3, Policy 29, Policy 25

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.