®Planning appeal decision
Land at Crabtree Farm, Hinckley Road, Barwell, Leicestershire, LE9 8DB
a residential development of 16 dwellinghouses with associated garages, driveway, open space, landscaping and drainage
- Authority
- Hinckley and Bosworth Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Wraight G
Main issues, as the Inspector framed them
- The main issue in all of the appeals is whether the planning obligations requested with respect to education and healthcare provision would meet the tests set out in Regulation 122(2) of the Community Infrastructure Levy Regulations 2010.
What decided it
Because the education contributions were found to meet the CIL Regulation 122(2) tests (as the four schemes were treated as a single development exceeding the 100-dwelling threshold) while the healthcare contribution did not, and because a blue-pencil clause meant the obligations remained valid either way, the agreed planning balance in favour of the development was unaffected and all four appeals were allowed.
The Inspector agreed with the main parties that the planning balance, including design, extant permissions, development plan conflict, housing land supply and scheme benefits, favoured allowing the developments regardless of the outcome on the disputed education and healthcare contributions.
Plan policies cited: Policy DM3, Policy 15, Policy 19, Policy DM17
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.