The Spice Merchant, Holloway, Malmesbury, 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.