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Allowed25 November 20243346731

Land at Dilmore Lane, Fernhill Heath, WR3 7SY

Planning appeal 3346731 at Land at Dilmore Lane, Fernhill Heath, WR3 7SY (Wychavon District Council) was allowed on 25 November 2024 by Inspector Nicholls H, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

residential development for up to 130 dwellings (Use Class C3), including vehicular access from Dilmore Lane, pedestrian and cycle links, public open space, car parking, drainage, landscaping and other associated infrastructure. All matters reserved except for access

Authority
Wychavon District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Nicholls H
Postcode
WR3 7SY

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether the site is suitable for the proposed development, having regard to the Council's settlement strategy
  • the effects of the proposal on the significance of the Grade II listed building, Tappenhill Farmhouse

What decided it

The tilted balance under paragraph 11(d) of the Framework, engaged because the Council could only demonstrate a 2.78 year housing land supply, meant the identified harms did not significantly and demonstrably outweigh the substantial benefits of the housing scheme.

The substantial weight given to delivery of c.130 dwellings (including affordable and self-build housing), together with moderate weight for economic benefits and limited weight for biodiversity net gain, outweighed the harm to character and appearance, conflict with the settlement strategy, loss of BMV land, and the less than substantial harm to the setting of Tappenhill Farmhouse.

What the Inspector cited

Development plan policies
Policy 25Policy SWDP2Policy SWDP6Policy SWDP24Policy SWDP15Policy SWDP39Policy SWDP7Policy SWDP4Policy SWDP1NCNP Policy NCH1ANCNP Policy NCH1B
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 208Paragraph 226
Judgments
Basingstoke and Deane BC v SoSLUHC and Bewley [2024] EWHC 1916 (Admin); Tewkesbury BC v SoSHCLG [2021] EWHC 2782 (Admin); Phides Estates (Overseas Ltd) v SoSCLG and Others [2015] EWHC 827 (Admin)

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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More decisions in Wychavon

The authority’s record since 2016 · every decision in 2024

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  4. Invalid3 August 20266006351
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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.