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Planning appeal decision

Dismissed25 September 20253368713

Chichester Arms, Chilaton, Devon, PL16 0HP

creation of two cottages

Authority
West Devon Borough Council
Appeal type
other · Planning Appeal
Procedure
Written Representations
Development
residential · Unknown
Inspector
Hills J

Main issues, as the Inspector framed them

  • the effect of the proposed development on the Tamar European Marine Site (EMS)
  • biodiversity
  • whether the site is in a suitable location having regard to local and national policy
  • whether the site can be adequately drained
  • whether the proposal would achieve low carbon design

What decided it

The absence of secured mitigation for adverse effects on the Tamar European Marine Site and the lack of up-to-date biodiversity surveys meant the proposal could not be approved, and the Framework's protection policies for habitats sites provided a strong reason for refusal that displaced the tilted balance despite the housing land supply shortfall.

The benefits of housing delivery and suitable location were outweighed by the identified harm to designated sites and biodiversity, which are matters of utmost importance and qualify as protection policies under paragraph 11(d)(i) of the Framework, displacing the tilted balance.

Framework references: 193, 125, 82, 8, 181, 167, 162, 164, 11

Plan policies cited: DEV26, DEL1, TTV1, SPT1, SPT2, TTV26, TTV27, DEV29, DEV32, DEV35

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.