Planning appeal decision
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.
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