®Planning appeal decision
Orchard Adjacent to Chutneys, Bordon Hill, Stratford upon Avon
for the erection of up to 130 dwellings (including affordable housing), with public open space, landscaping and sustainable drainage system (SuDS) and vehicular access point, with all matters reserved except for means of access
- Authority
- Stratford-on-Avon District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Gilbert-Wooldridge T
Main issues, as the Inspector framed them
- whether the proposed development would be in a suitable location having regard to the development plan for Stratford upon Avon
- the effect of the proposed development on the character and appearance of the surrounding area
- the effect of the proposed development on the setting and significance of Anne Hathaway's Cottage (the Grade I listed building and the Grade II registered park and garden) and Shottery Conservation Area
- the effect of the proposed development on highway safety and site access
- the effect of the proposed development on flood risk with particular regard to surface water drainage
- the extent of the shortfall in the Greater Birmingham and Black Country (GBBC) Housing Market Area, and whether the Council can demonstrate a 5-year housing land supply
- whether the proposed development would make adequate provision for affordable housing and other infrastructure requirements
- the overall planning balance, having regard to any relevant material considerations including any proposed benefits
What decided it
the Council's inability to demonstrate a 5 year housing land supply, triggering the tilted balance under NPPF paragraph 11(d), which the significant benefits of housing delivery were sufficient to satisfy despite policy conflicts and moderate harms.
the significant benefits of market and affordable housing delivery and biodiversity net gain, together with moderate economic and open space benefits, outweighed the moderate harms to locational suitability, character and appearance, and the low level of less than substantial heritage harm, so the presumption in favour of sustainable development applied and permission was granted
Framework references: 11, 58, 78, 210, 212, 213, 215
Plan policies cited: Policy CS.15, Policy AS.10, Policy CS.16, Policy CS.5, Policy CS.9, Policy CS.8, Policy CS.18, Policy CS.25, Policy CS.26, Policy CS.27, Policy CS.2, Policy CS.4, Policy CS.7, NDP Policy H1, NDP Policy BE1, NDP Policy BE2, NDP Policy BE6, NDP Policy BE8, Policy SAP.4
Judgments cited: Stratford on Avon DC v SSHCLG [2022] EWHC 445 (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.