Planning appeal decision
The Spice Merchant, Holloway, Malmesbury, SN16 9HX
Planning appeal 6004915 at The Spice Merchant, Holloway, Malmesbury, SN16 9HX (Wiltshire) was dismissed on 11 June 2026 by Inspector R Kent, by written representations. The main issue, as the Inspector framed it: Whether the site would be in a suitable location having regard to the development plan policies concerning new housing with reference to its effect on the character and appearance of its surroundings and the effect on public right of way MALM26.
Change of use of land (Class E) and the erection of one two-storey dwelling house (Class C3)
- Authority
- Wiltshire
- Appeal type
- Planning
- Procedure
- Written
- Development
- residential
- Inspector
- R Kent
- Postcode
- SN16 9HX
Main issues, as the Inspector framed them
- Whether the site would be in a suitable location having regard to the development plan policies concerning new housing with reference to its effect on the character and appearance of its surroundings and the effect on public right of way MALM26
- The effect of the proposed development on the character or appearance of the Malmesbury Conservation Area and on the setting of nearby listed buildings
- The effect of the development on the Conygre Local Nature Reserve
- The effect of the proposed parking and access arrangements on highway safety on the B4040 Holloway Hill
- Whether the proposed development would provide satisfactory living conditions for future occupiers with regard to noise and odour from the adjoining restaurant
- Whether the future occupiers of the proposed development would be at risk of flooding
What decided it
The conflict with Framework policies for conserving and enhancing designated heritage assets, combined with harm to the character and appearance of the conservation area and setting of listed buildings, provides a strong reason for refusal that engages paragraph 11d)ii of the Framework and disapplies the presumption in favour of sustainable development despite the Council's housing land supply shortfall.
The moderate public benefits of housing delivery, economic benefits and use of previously developed land do not provide clear and convincing justification for the less than substantial harm to the heritage assets and the conflict with the development plan settlement strategy; the heritage harm carries substantial weight against the proposal.
What the Inspector cited
- Development plan policies
- Core Policy 1Core Policy 2Core Policy 13Core Policy 50Core Policy 51Core Policy 57Core Policy 58Core Policy 60Core Policy 61Core Policy 64Core Policy 67
- National Planning Policy Framework
- Paragraph 11Paragraph 215Paragraph 232
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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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