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Planning appeal decision

Allowed30 April 20266001406

Land adjoining Westhayes, Eastfield, West Hill, Devon, EX11 1GG

the erection of 9-dwellings, including 4-affordable dwellings and associated parking (approval sought for access, appearance, layout and scale (matters reserved: landscaping))

Authority
East Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Reeves K

Main issues, as the Inspector framed them

  • whether the proposal would accord with the development plan's spatial strategy for the distribution of housing
  • the effect of the proposed development on the character and appearance of the area, with particular regard to the effect on trees
  • whether the proposal would safeguard and enhance biodiversity
  • whether the proposal makes appropriate provision for affordable housing

What decided it

The Council's inability to demonstrate five years of housing land supply triggered the tilted balance under NPPF paragraph 11(d), and the significant benefits of housing delivery, including four affordable dwellings in a sustainable location, outweighed the conflict with the out-of-date spatial strategy policies.

The conflict with the development plan's spatial strategy was outweighed by the significant benefits of delivering nine dwellings (including four affordable homes) in a district with substantial housing shortfall, the sustainable location well-related to the existing settlement, and the absence of significant adverse impacts on character, appearance, biodiversity and other material considerations.

Framework references: 11

Plan policies cited: Strategy 1, Strategy 2, Strategy 6, Strategy 7, Strategy 34, Strategy 47, Policy D1, Policy D3, Policy EN5, Policy NP26 of the Ottery St Mary and West Hill Neighbourhood Plan 2017–2031

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.