®Planning appeal decision
Land at Lower Broad Oak Road, West Hill, EX11 1XH
outline planning application for the construction of 5 no. dwellings, with all matters reserved
- Authority
- East Devon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Nicholls H
Main issues, as the Inspector framed them
- whether the location of the development accords with the development plan in terms of accessibility to facilities and reducing the need to travel
- the effects of the proposal on species and habitats
- the effects of the proposal on the character and appearance of the area, including on a locally valued view
What decided it
The absence of a five-year housing land supply, combined with the modest but valuable contribution of five dwellings and the ability to mitigate ecological and landscape impacts through conditions, meant the presumption in favour of sustainable development indicated permission should be granted despite conflict with the development plan.
The adverse impacts of harm to character, appearance and loss of a locally valued view were outweighed by the benefits of delivering five dwellings to address the housing supply shortage, with the presumption in favour of sustainable development tipping the balance in favour of permission.
Framework references: 11, 110
Plan policies cited: Strategy 1, Strategy 5B, Strategy 7, Strategy 27, Strategy 47, Policy TC2, Policy D1, Policy EN5, Policy EN14, Policy NP1, Policy NP3, Policy NP6
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823
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.