Agenda item

Planning Appeals and Updates

To receive details of completed and pending appeals and other updates as appropriate.


The Committee considered the contents of the appeals update for the period between 16 February and 5 April 2024.


Cllr Gavin Grant raised concerns about the decision of the Inspector to overturn the refusal of PL/2021/09852, Land to the East of Waitrose, A429, Malmsbury, a proposed self-build residential development. It was noted that Wiltshire Council’s Highways Team had raised safety concerns, that the proposed development would breach the existing settlement boundary and that it would be contrary to the Malmsbury Neighbourhood Plan and Wiltshire Core Policy. There had been several road safety incidents at the supermarket entrance on the opposite side of the road to the proposed development and it was in close proximity to a roundabout. The Inspector had been critical of Wiltshire Council for their failure to respond to the need of self-builders.


In response to questions, the Development Management Team Leader, Adrian Walker, explained that there was a policy requirement for authorities to give suitable development permission for enough serviced plots of land to meet the demand identified for self-build housing. The Inspector had found that Wiltshire Council had not demonstrated that it has granted enough permissions to meet the demand for self-build development in its area, so had given significant weight to this factor in their decision making. The Development Management Team Leader shared the Committee’s disappointment at the Inspector’s findings. He explained that he would discuss with the Head of Development Management the cost implications and likely success of challenging the Inspector’s decision. He also noted that Spatial Planning would be able to provide up to date figures of demand data for self-build housing to update the Committee.


The Committee discussed the possible wider implications of the Inspector’s findings about self-builds in relation to Neighbourhood Plans and the emerging Local Plan.



On the proposal of Cllr Grant, seconded by Cllr Dr Brian Mathew, it was:




To recommend that Development Management appeal the decision of the Inspector to overturn Wiltshire Council’s decision to refuse the application for PL/2021/09852, Land to the East of Waitrose, A429, Malmsbury. The delegate the Development Management Team Leader to make further enquiries.


The Committee noted that they would like to receive the letter to the Inspector if Wiltshire Council did challenge the decision.


In response to a query about the costs awarded in relation to PL/2022/09773, Land adjacent to Rockwell Cottage, the Development Management Team Leader explained that the awarding of costs at an appeal was not dependent on whether a decision was overturned but could be awarded in cases where there were unnecessary delays. The Vice-Chairman, Cllr Howard Greenman, noted that there had been changes to policy since the application was submitted including around the five-year land supply. 


Cllr Steve Bucknell sought further information about his request for the Committee to be provided with an analysis of planning appeals, showing how many had been allowed and dismissed. Development Management Team Leader explained that he had made enquiries and passed the request on to the administrative team.


The Committee discussed the period about which they would like to receive information and felt that a rolling four-year timescale would be the most beneficial. They were also keen to see how the number decisions overturned compared those of the other Area Planning Committees.


On the proposal of Cllr Bucknell, seconded by Cllr Grant, it was:




For the Committee to be updated on the success rate of appeals made against its decisions over a rolling four-year period.


At the conclusion of the discussion, on the proposal of Cllr Grant, seconded by the Vice-Chairman, it was:




To note the appeals report for the period 16 February to 5 April 2024.



Supporting documents: