Planning appeal decision
Land at Spencer's Farm, Stockbridge Road, King's Somborne, SO20 6NZ
the erection of 14 dwellings and garages, access road, drainage and landscaping. (10 to be custom build houses and 4 to be first homes)
- Authority
- Test Valley Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Thandi B
Main issues, as the Inspector framed them
- Whether the site is an appropriate location for new housing having regard to development plan policies
- Whether the proposal would be acceptable in terms of layout and housing mix
- Whether or not the proposed development would make appropriate provision for affordable housing
- The effect upon trees
- Whether the public open space contribution is required to make the proposal acceptable in planning terms
- The effect of the proposal upon the Solent and Southampton Water and New Forest Special Protection Area European protected sites
What decided it
The harm arising from the suburban layout and housing mix that fails to reflect local need, combined with the inability to mitigate likely significant effects on the Solent and Southampton Water and New Forest Special Protection Area, significantly and demonstrably outweighs the benefits of housing delivery and custom building.
Although the tilted balance under paragraph 11(d) of the NPPF would normally apply due to the Council's shortfall in five-year housing land supply, paragraph 195 of the NPPF prevents its application because the proposal is likely to have a significant effect on a habitats site without an appropriate assessment concluding no adverse effect on integrity. Even if the tilted balance applied, the harm from the layout, housing mix and affordable housing provision would significantly and demonstrably outweigh the benefits.
Framework references: 78, 11, 195
Plan policies cited: Policy COM2, Policy KS/ALL1, Policy KS/H2, Policy COM7, Policy E2, Policy LHW1
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL, 1982, P37]
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.
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