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DC Casebook: Housing new build - Allocated site judged ready for release

Housing new build

Planning, 15 August 2008

In allowing an appeal for 100 new homes in Gloucestershire, an inspector has favoured approved over emerging development plan policies in calculating whether a five-year supply of housing land is available in the council's area.

The greenfield site was allocated for housing development in a local plan adopted in 2005. The local authority accepted that less than three years' supply of housing land could be shown under its adopted policies, falling below the five years of deliverable sites recommended in PPS3. However, it contended that the draft regional spatial strategy (RSS) was at an advanced stage and greater weight should be given to its housing land requirement for the district, which would then be able to show a five-year supply.

The inspector decided that this was not the correct approach. PPS3 advises that local planning authorities can have regard to emerging housing land requirements in draft regional guidance, he conceded. However, at the time of the inquiry, the secretary of state had yet to publish proposed changes following the panel's report on the RSS. It was possible that the housing figures would increase, he reasoned.

On this basis, he considered it appropriate to give the draft RSS limited weight and base the housing supply calculation on the adopted development plan policies. Since the site was prioritised in the local plan as suitable for housing development in the period from 2003 to 2007, he saw no difficulty in agreeing that its release was acceptable in principle.

In considering the issue of potential harm to the living conditions of future residents because of the presence of a nearby factory, the inspector noted that this had existed at the time the site was allocated. He acknowledged the local authority's point that the factory site had expanded significantly since the allocation was made and accepted that noise from a loading area would cause harm to some occupiers.

However, he reasoned that the impact of this noise could be mitigated by making amendments to the proposed layout, the internal arrangement of rooms and acoustic screening. Further details, such as the type of windows and mechanical ventilation of rooms at night, could be controlled by condition, he determined. He was also satisfied that adequate drainage could be provided for the scheme.

DCS Number 100-056-430

Inspector Alan Boyland; Inquiry.