Plots 5, 6, 8, 10 and 12 Mill Meadow, Parsonage Lane, Kingston St Mary, Taunton, Somerset, TA2 8HL

Main issues, as the Inspector framed them

• Whether a section 73 application can be used to vary conditions on an area which relates to part of a wider application site and whether this would conflict with the original description of development
• Whether the removal of disputed conditions 1 and 7 is acceptable with regard to supporting market housing in the proposed location, flood risk, and affordable housing provision

What decided it

The Council's inability to demonstrate a five-year housing land supply engaged paragraph 11(d) of the Framework, and the limited harm from the unsustainable location did not significantly and demonstrably outweigh the benefits of housing provision and affordable housing contribution.

The limited harm resulting from increased car dependency in an unsustainable location was outweighed by the benefits of providing 5 new dwellings, an affordable housing contribution, and compliance with flood risk mitigation measures, applying the presumption in favour of sustainable development under paragraph 11(d) of the Framework due to the lack of a five-year housing land supply.