Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed26 September 20253363270

Land at the Rear of - 40 The Borough, Downton, Salisbury, Wiltshire, SP5 3ND

Planning appeal 3363270 at Land at the Rear of - 40 The Borough, Downton, Salisbury, Wiltshire, SP5 3ND (Wiltshire Council) was dismissed on 26 September 2025 by Inspector Nicholls H, by written representations. The main issue, as the Inspector framed it: the effects of the proposal on the character and appearance of the site and surroundings.

erection of a new dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Nicholls H
Postcode
SP5 3ND

Main issues, as the Inspector framed them

  • the effects of the proposal on the character and appearance of the site and surroundings
  • the heritage significance of the Grade II listed building, No 40 The Borough and the Downton Conservation Area
  • the living conditions of neighbouring occupiers, with particular regard to privacy
  • the River Avon Special Area of Conservation
  • the New Forest Special Protection Area, New Forest Special Area of Conservation and New Forest Ramsar Site

What decided it

The inability to secure adequate and enforceable mitigation for adverse effects on the integrity of the River Avon SAC and New Forest Protected Sites, combined with the accumulated harms to character and appearance, heritage significance, and neighbouring living conditions, outweighed the public benefits of a single self-build dwelling in a location with housing undersupply.

The public benefits of delivering a self-build dwelling in a context of significant housing land undersupply were outweighed by the harms to protected European sites (which engaged footnote 7 of the Framework and disengaged the tilted balance), and by the accumulated harms to character and appearance, heritage significance, and neighbouring living conditions.

What the Inspector cited

Development plan policies
Policy 57Policy 58Policy 50Policy 69Policy 24
National Planning Policy Framework
Paragraph 11Paragraph 56
Judgments
Wheatcroft Ltd v SSE [1982]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

5 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Wiltshire

The authority’s record since 2016 · every decision in 2025

  1. Dismissed21 October 20266009225
    Land at Elms Farm, Elms Cross, BA15 2AL
  2. Dismissed14 October 20266011512
    Stable Yard at No 61 West Street, Great Somerford, SN15 5EH
  3. Dismissed30 September 20266007352
    Land to the East of New Road, Melksham, SN12 7QZ
  4. Allowed24 June 20266004625
    The Old Barn, Keevil, BA14 6NQ
  5. Allowed8 June 20266002471
    Miledown Farm, Angel Lane, Hindon, Salisbury, SP3 6DW

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.