Planning appeal decision
Land East of Colestocks Road, Feniton, Devon, EX14 3EQ
Planning appeal 3357849 at Land East of Colestocks Road, Feniton, Devon, EX14 3EQ (East Devon District Council) was allowed on 11 July 2025 by Inspector Dawe A, following an inquiry. The main issue, as the Inspector framed it: 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.
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
What the Inspector cited
- Development plan policies
- Strategy 1Strategy 2Strategy 4Strategy 7Strategy 34Strategy 36Strategy 43Policy SP01Policy SP03Policy SP06Policy SD18Policy SE06Policy EN22Policy EN13Policy EN21Policy F1
- National Planning Policy Framework
- Paragraph 11Paragraph 64Paragraph 66Paragraph 118Paragraph 187Paragraph 212Paragraph 213Paragraph 234
- Judgments
- Mead Realisations Limited v SSLUHC [2024] EWHC279 (Admin)
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 appliedThe decision letter
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More decisions in East Devon
The authority’s record since 2016 · every decision in 2025
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- Dismissed7 October 20266003095Land at Newlands Farm, Land North West of B3165, Axminster, EX13 5SF
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- Dismissed13 August 20263369854Land Just South of Hazlehurst, Raymonds Hill, Axminster, Devon, EX13 5UH
- Allowed10 July 20266005764Land North East of Parkfield Cottages, Pink House Corner, Lympstone, EX8 5AH
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.
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