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Allowed24 April 20253351774

Land At Lyde Green, Emersons Green, BS16 7NT

Planning appeal 3351774 at Land At Lyde Green, Emersons Green, BS16 7NT (South Gloucestershire Council) was allowed on 24 April 2025 by Inspector Hall R, following a hearing. The main issue, as the Inspector framed it: whether condition 2 is reasonable, necessary and enforceable, having regard to the effect of the proposed development on the character and appearance of the site and surrounding area.

Construction of a 7m access road into the Lyde Green development site with associated changes in priority of Lyde Green Road; widening of Lyde Green Road north to Road 5 to 7m and installation of a 3m multi-user path with street lighting and planting; re-surfacing of existing public right of way, without complying with conditions 2 and 11 attached to planning permission Ref P19/16524/F

Authority
South Gloucestershire Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
other · Other Major Developments
Inspector
Hall R
Postcode
BS16 7NT

Main issues, as the Inspector framed them

  • whether condition 2 is reasonable, necessary and enforceable, having regard to the effect of the proposed development on the character and appearance of the site and surrounding area
  • whether condition 11 is necessary, having regard to the provisions of the 2006 Act

What decided it

Condition 2 was retained in modified form because delivering the access road in advance of the residential development it served would cause modest but real harm to rural character, while condition 11 was found unnecessary because the Commons Act 2006 already provided statutory protection for the common land independent of the planning condition.

The modest, temporary harm to rural character from the access road being built ahead of the residential development it was intended to serve, combined with the highly limited standalone benefits of the works, justified retaining an amended (rather than removed) pre-commencement restriction under condition 2; separately, the lack of necessity for condition 11 outweighed any residual role it played in protecting common land, given existing statutory protections.

What the Inspector cited

Development plan policies
Policy CS8Policy CS29Policy CS9Policy PSP1Policy PSP2Policy PSP3Policy PSP10Policy PSP11Policy PSP19Policy PSP44Policy PSP47
National Planning Policy Framework
Paragraph 104Paragraph 99
Judgments
Newbury DC v SSE [1978] 1 WLR 1211

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 South Gloucestershire Council

The authority’s record since 2016 · every decision in 2025

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  3. Dismissed13 October 20266011871
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  4. Dismissed13 October 20266010963
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  5. Dismissed13 October 20266009931
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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.