®Planning appeal decision
Wheatleys Farm, Ashton Keynes, Swindon, Wiltshire, SN6 6NX
- Authority
- Wiltshire Council
- Appeal type
- other · Planning Appeal
- Procedure
- Inquiry
- Development
- minerals-waste · Unknown
- Inspector
- Middleton M
Main issues, as the Inspector framed them
- Whether the proposal is in accordance with the Development Plan when considered as a whole but in particular Policy MCS 1 of the Wiltshire and Swindon Minerals Core Strategy 2009 and Policy MDC1 of the Wiltshire and Swindon Minerals Development Control Policies Development Plan Document 2009
- Whether there are any material considerations that when taken together and weighed against any advantages of the proposal, are sufficient to outweigh the presumption in favour of determining planning applications in accordance with the Development Plan
What decided it
The substantial weight attributable to the pressing local need to extract sand and gravel, given Wiltshire's severely depleted landbank, outweighed the identified but limited or moderate harms.
The substantial weight given to the need for the mineral, together with minor/moderate benefits to flood storage, waste disposal capacity, biodiversity, landscape, movement sustainability and jobs, outweighed the minor/moderate harms from dust, noise, ecology, landscape and highways, and outweighed the less-than-substantial heritage harm, such that the appeal was allowed.
Framework references: 8, 11, 56, 116, 170-175, 173, 177, 181, 182, 198, 201, 205, 207, 208, 224, 226, 232
Plan policies cited: Policy MCS 1, Policy MDC1, MCS 7, MCS 8, MCS 10, CP 50, CP 51, CP 58, CP 62, MDC3, Policy MDC2, Policy MDC5, Policy MDC6, Policy MDC7, Policy MDC8, Policy MDC9, Policy MDC10, CP 52, WCS3, AKNP Policy INP1, AKLP Policy ENP1, NP Policy ENP3, AKLP Policy ENP2
Judgments cited: R (Davies) v Secretary of State [2008] EWHC 2233 (Admin); R (Jenkins) v Gloucestershire CC [2012] EWHC 292 (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.