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Planning appeal decision

Dismissed5 August 20266005638

Land East of Capel Road, Bentley, IP9 2DN

Planning appeal 6005638 at Land East of Capel Road, Bentley, IP9 2DN (Babergh District Council) was dismissed on 5 August 2026 by Inspector C Walker, by written representations. The main issue, as the Inspector framed it: whether the site is a suitable location for the proposed development, having regard to the Council's housing strategy.

Outline Planning Application (Access to be considered, all other matters reserved) - Erection of 18 no. dwellings (including 12 no. affordable units and public open space)

Appeal type
major · Planning
Procedure
Written
Development
residential
Inspector
C Walker
Postcode
IP9 2DN

Main issues, as the Inspector framed them

  • whether the site is a suitable location for the proposed development, having regard to the Council's housing strategy
  • whether the effects of the development make it necessary to secure financial contributions towards local infrastructure
  • the effect of the development on the integrity of European habitat sites
  • whether a development of the quantum proposed is capable of appropriately responding to the character of the area

What decided it

The failure to demonstrate a robust viability case for the market housing element, the absence of a legal agreement to secure affordable housing delivery, the lack of secured infrastructure contributions, and the unmitigated adverse effect on European habitat sites collectively rendered the proposal unsustainable and in conflict with the development plan.

The benefits of housing supply, social and economic benefits, and biodiversity net gain were outweighed by the unsustainable departure from the development plan without proper justification, the inability to secure affordable housing for local needs, unmitigated infrastructure impacts, and likely significant effects on the integrity of European designated habitat sites, to which great weight was afforded.

What the Inspector cited

Development plan policies
JLP Policy SP03BNP Policy BEN1JLP Policy LP07JLP Policy SP02JLP Policies LP30JLP Policies LP32BNP Policy BEN19JLP Policies SP09JLP Policies LP16BNP Policies BEN8BNP Policies BEN9JLP Policies LP24BNP Policies BEN3
National Planning Policy Framework
Paragraph 80Paragraph 84Paragraph 76Paragraph 58Paragraph 11

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 applied

The decision letter

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More decisions in Babergh District Council

The authority’s record since 2016 · every decision in 2026

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  3. Dismissed16 September 20266011384
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  4. Allowed7 August 20266007359
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  5. Dismissed23 July 20266003689
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.