®Planning appeal decision
Land South of Abberd Lane, and East of Spitfire Road, Calne, Wiltshire, SN11 8GF
‘Development of a new Local Centre comprising a Class E(f) day nursery and Class E(a) convenience store, with associated parking, access and landscaping ’
- Authority
- Wiltshire Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Other Major Developments
- Inspector
- Rose D
Main issues, as the Inspector framed them
- Appeal A: The effect of the proposal on the character and appearance of the area.
- Appeal B (1): The relationship of the proposal with the established settlement pattern and the spatial strategy for Calne.
- Appeal B (2): Would future residents have acceptable living conditions, having regard to potential sources of noise from adjoining land uses and, in the event of necessary mitigation measures, whether these could be designed and secured in an acceptable manner.
- Appeal B (3): The adequacy or otherwise of mitigation measures to address the impacts of the development (section 106).
- Appeal B (4): Whether the adverse effects of granting planning permission would significantly and demonstrably outweigh the benefits of the proposal.
What decided it
The Council's inability to demonstrate a five-year housing land supply rendered the most important policies out-of-date, engaging the NPPF paragraph 11(d)(ii) tilted balance, which the substantial benefits of the housing scheme were not significantly and demonstrably outweighed by; the local centre's acceptability then followed from, and was conditioned upon, that grant of permission for the housing scheme.
For Appeal B, very substantial weight to housing benefits, significant weight to economic benefits, limited weight to s106 infrastructure investment and moderate weight to environmental benefits were not significantly and demonstrably outweighed by the limited negative weight given to conflict with the development plan and landscape harm, so the tilted balance favoured permission; for Appeal A, significant social and economic benefits, combined with the success of Appeal B, outweighed the conflict with the spatial strategy and related policies.
Framework references: 11
Plan policies cited: Core Policy 51, Policy NE2, Policy NE5, Core Policy 57, Policy BE2, Policy BE1, Policy WS3, Core Policy 38, Core Policy CP1, Core Policy CP2, Neighbourhood Plan Policy H4, saved Policy H4 (North Wiltshire Local Plan), Core Policy CP8, Core Policy 8, Policy 9, Policy 10, Policy 11, Core Policy 43, Core Policy 45, Core Policy 3, Core Policy 52, saved Policy CF3 (North Wiltshire Local Plan 2011), Core Policy 57(vii), Core Policy 57(xii), Core Policies 60 and 61, Neighbourhood Plan Policy GA1, Policy GA3, Policy GA1(2), Core Policies 50 and 52, Policies NE2 and NE3, Policy CF1(5)
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.