®Planning appeal decision
Land at Dilmore Lane, Fernhill Heath, WR3 7SY
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
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.
Framework references: 11, 57, 208, 226
Plan policies cited: Policy 25, Policy SWDP2, Policy SWDP6, Policy SWDP24, Policy SWDP15, Policy SWDP39, Policy SWDP7, Policy SWDP4, Policy SWDP1, NCNP Policy NCH1A, NCNP Policy NCH1B
Judgments cited: 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)
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.