®Planning appeal decision
Land off York Close, Market Bosworth, CV13 0ND
outline planning application for the erection of up to 100 dwellings (including 40% affordable housing) with public open space, landscaping, sustainable drainage system (SuDS) a vehicular access point and the demolition of one residential dwelling. All matt ers reserved except for means of access
- Authority
- Hinckley and Bosworth Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Cross D
Main issues, as the Inspector framed them
- The effect of the proposal on the living conditions of residents of York Close with regard to noise, disturbance and character
- Other considerations relevant to the planning balance
What decided it
The substantial and disproportionate harm to the living conditions of residents at the head of York Close from noise and disturbance caused by the proposed access arrangements.
The substantial weight given to the housing and affordable housing benefits was outweighed by the harm to the living conditions of residents near the access, such that adverse impacts significantly and demonstrably outweighed the benefits when assessed against the Framework as a whole.
Framework references: 57, 11, 14
Plan policies cited: Policy DM10, Policy DM4, Policy CE5, Policy DM11, Policy DM12, Policy DM13, Policy BD4, Policy CE3
Judgments cited: Ward v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 676 (Admin); BDW Trading Ltd v Secretary of State for Communities and Local Government [2015] EWHC 886 (Admin); Secretary of State for Communities and Local Government v BDW Trading Ltd [2016] EWCA Civ 493
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.