®Planning appeal decision
Land North Of, Olden Lane, Ruyton Xi Towns, SY4 1JD
5no. self-build dwellings
- Authority
- Shropshire
- Appeal type
- minor · Planning
- Procedure
- Written
- Development
- residential
- Postcode
- SY4 1JD
Main issues, as the Inspector framed them
- the effect of the proposed development on highway safety with regard to access
- the effect of the proposed development on the integrity of a European site
What decided it
The absence of a completed legal agreement to secure mitigation measures required to avoid adverse effects on the integrity of Cole Mere Ramsar site, a European protected site, meant the competent authority could not rule out all reasonable scientific doubt of harm and therefore the proposal conflicted with the Conservation of Habitat and Species Regulations 2017.
The modest contribution to housing delivery and undersupply (significant weight) and varied housing including bungalows (limited weight) were outweighed by the inability to secure mitigation for adverse effects on European site integrity, which provided a strong reason for refusal under NPPF paragraph 11d(i), displacing the presumption in favour of sustainable development.
Framework references: 116, 72, 11
Plan policies cited: Policy CS6 of the Shropshire Local Development Framework: Adopted Core Strategy March 2011, Policy MD2 of the Shropshire Council Site Allocations and Management of Development (SAMDev) Plan Adopted Plan 17th December 2015
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.