Planning appeal decision
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
- Authority
- Wiltshire Council
- 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 appliedThe decision letter
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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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