®Planning appeal decision
Land east of Colestocks Road, Feniton, Devon, EX14 3EQ
Outline planning application for up to 86 dwellings with access from Colestocks Road; the provision of public open space, landscaping, drainage, and associated highways improvements and infrastructure; all matters to be reserved except for access
- Authority
- East Devon District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Dawe A
Main issues, as the Inspector framed them
- the effect of the proposed development in terms of the Council's spatial strategy, with particular regard to the distribution and location of housing and balanced communities, having regard to local and national policy
- The effect of the proposed development on local drainage and flood risk
- Other related planning matters, including any benefits of the proposed development to be weighed in the planning balance
What decided it
Under the tilted balance in Framework paragraph 11(d)(ii), the substantial benefits of market and affordable housing delivery and flood risk betterment outweighed the harms identified, so the adverse impacts did not significantly and demonstrably outweigh the benefits.
the substantial benefits of housing delivery (including 50% affordable housing) and off-site flood risk betterment, together with moderate biodiversity net gain and economic benefits, outweighed the harms from conflict with the spatial strategy, failure of the sequential test and limited loss of BMVAL, such that the adverse impacts did not significantly and demonstrably outweigh the benefits under paragraph 11(d)(ii) of the Framework
Framework references: 11, 64, 66, 118, 187, 212, 213, 234
Plan policies cited: Strategy 1, Strategy 2, Strategy 4, Strategy 7, Strategy 34, Strategy 36, Strategy 43, Policy SP01, Policy SP03, Policy SP06, Policy SD18, Policy SE06, Policy EN22, Policy EN13, Policy EN21, Policy F1
Judgments cited: Mead Realisations Limited v SSLUHC [2024] EWHC279 (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.