Power of the Neighbourhood Plan

Planning application 16/00486/OUT relating to outline planning permission for the erection of 40 dwellings, at land south of Oakridge, Highnam has had the appeal dismissed, and planning permission refused.

Key points from the report are:

Housing Land Supply

14.The Secretary of State has carefully considered the Inspector’s assessment of housing demand and of housing land supply, as set out at IR198-221. For the reasons given in that assessment, he agrees with the Inspector’s conclusions that 520 homes per year arerequired (IR209), and that, considering the definition of “deliverable” and “developable” in the glossary of the revised National Planning Policy Framework, the housing land supply is 3.99 years (IR220). He considers that, without a five-year supply of housing land, the presumption in favour of sustainable development, as set out in paragraph 11 of the Framework, applies.

15.In the absence of a five-year land supply, and as set out at IR261-262, the Secretary of State agrees that there would be clear benefits to the proposal, including the provision of 40 new affordable and market homes and the creation of jobs during construction and afterwards through residual support for the local shop. He agrees with the Inspector that both the new homes and the economic benefits attract significant weight.

29.Paragraph 12 of the Framework states that where a planning application conflicts with a Neighbourhood Plan that has been brought into force, planning permission should not normally be granted. Although the Neighbourhood Plan does not allocate sites, meaning that paragraph 14 of the Framework is not engaged, or set a settlement boundary, it represents an expression of how the community wishes to shape its local environment, and is relevant to the assessment whether the appeal proposal is acceptable or not.

30.The Secretary of State considers that there are no protective policies which provide a clear reason for refusing the development proposed. However, taking into account the material considerations set out above, including that there is conflict with a recently made Neighbourhood Plan, he considers that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits. He considers that there are no material considerations which indicate that the proposal should be determined other than in accordance with the development plan.

31.The Secretary of State therefore concludes that the appeal should be dismissed and planning permission refused.