®Planning appeal decision
Land East of, Cavalla Mews, Berrow, Somerset, TA8 2FJ
erection of 49 dwelling houses (including 20 no. affordable dwellings) with associated access and infrastructure
- Authority
- Somerset Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Townend K
Main issues, as the Inspector framed them
- whether the site is an appropriate location for the proposed housing, having regard to the development strategy for the area and the character and appearance of the area
- whether the proposal would comply with national planning policy which seeks to steer new development away from areas at the highest risk of flooding and whether there is sufficient drainage information
- the effect of the proposed development on biodiversity
What decided it
The proposal fails the Exception Test for flood risk because the wider sustainability benefits would not outweigh the flood risk to occupants and the increase in flood risk elsewhere, and insufficient drainage certainty has been demonstrated.
The harm arising from the proposed development, comprising breach of the development strategy, harm to character and appearance, and unmitigated flood risk, would outweigh the benefits of housing delivery and affordable housing provision.
Framework references: 11, 170, 177, 178, 179
Plan policies cited: Policy T3a, Policy D1, Policy D2, Policy D19, Policy D20
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.