Planning appeal decision against the decision of Exeter City Council

Citation: APP/Y1110/W/22/3296946

Concerning an appeal by Waddeton Park Ltd against the refusal by Exeter City Council to grant permission for an outline phased development of up to 100 dwellings (including 35 affordable homes) on a greenfield site on the outskirts of Topsham. The site lies within the ‘strategic gap’ between Topsham and Exeter, to which Policy LS1 of the Council’s saved 2005 Local Plan and Policy CP16 of its 2012 Core Strategy relates.

Held – Matthew Woodward

The Inspector identified limited conflict with Policy LS1 and Policy CP16, rejecting allegations that the development would cause coalescence between the two settlements. Applying the tilted balance in NPPF para. 11(d) (applicable in light of the Council’s pre-inquiry concession that it could not demonstrate a 5-year housing land supply), he held that the adverse impacts did not significantly and demonstrably outweigh the benefits of granting permission.
Significant weight was given to the delivery of 65 market homes given both the 5YHLS shortfall and the lack of evidence that the Core Strategy housing requirement figure was likely to be met by the end of the plan period. Substantial weight was given to the delivery of 35 affordable homes because “there has been significant under-delivery of affordable housing in the past and the need is now acute”. Moderate weight was given to the proposed biodiversity net gain which was capable of exceeding current policy and legal requirements.

Full Judgement 


Charles Banner KC
Isobel Kamber

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