Appeal Ref: APP/L6940/A/20/3246396

Site address: Land North of Highfields, Coedely, Tonyrefail (grid reference: 302013, 186806)

Development proposed is residential development of 76 dwellings together with associated works.

Appeal Allowed

The inspector considered that the proposal would be contrary to the terms of the development plan as a whole as it would represent development outside a settlement boundary and does not form an allocation in the Local Plan. This should be given significant weight in the final balance, as the planning system should be genuinely plan-led and should provide a positive vision for the future of each area. There would also be harm to the landscape and those using nearby by Rights of Way, however, these harmful effects are of limited weight for the following reasons.

There are significant benefits of the proposal from the provision of the additional dwellings both themselves and through the provision of affordable housing. In respect of the other matters set out in the Planning Obligation these are to meet the needs of the development and are therefore neutral in the balance.

The current 5YHLS situation is serious in that there is a significant shortfall. Consequently, while the proposal would be contrary to the development plan taken as a whole, material considerations indicate that the determination should be otherwise than in accordance with that plan.

Having considered all matters raised, including the substantial number of submissions made by interested parties, I recommend that the appeal should be allowed subject to the conditions set out in the schedule below.


Appeal Ref: APP/H6955/A/19/3231048

Site address: Land to the North and South of Lane Farm, Rossett Road, Trevalyn, Rossett, Wrexham, LL12 0DS

Residential development of two parcels of land (for up to 61 No. dwellings: Northern Parcel and up to 71 no. dwellings: Southern Parcel); extension to community parking facility (in association with the Northern Parcel) with associated means of access and all other matters reserved, but indicative provision made for pedestrian crossing, pedestrian linkages, public open space, landscaping and affordable housing.

Appeal allowed

The Inspector found that the development would run counter to adopted development plan policies designed to protect the countryside and wider landscape designations. He also found that the development would be contrary to the purposes of the Green Barrier. However, the harm to the Green Barrier and the wider countryside and landscape setting would be clearly outweighed by very exceptional circumstances.

Given the age of the adopted UDP, and in particular the fact that it is time-expired, there is little doubt that it attracts less than full weight in the determination of the appeal. Furthermore, in accordance with national policy, the absence of an up-to-date development plan renders the LPA without a five year land supply for housing. In light of such factors, the need to increase the supply of housing therefore weighs significantly in favour of the proposal.

Of particular relevance to the determination of this appeal is the fact that the appeal site has been identified within the settlement limits for Rossett and identified as a housing allocation. Indeed, whilst it is proposed to retain a strategic Green Wedge between Rossett and Trevalyn, the appeal site has been omitted from that designation and has also been omitted from the SLA designation.

The time-expired UDP, the lack of housing land supply and the consistency of the appeal proposal with the emerging LDP, coupled with the sustainable location and positive benefits of the scheme, weigh substantially in favour of the development. Indeed, in balancing these matters, I consider that they comprise the very exceptional circumstances required to clearly outweigh the harm to the Green Barrier and its wider countryside/landscape status.

The final decision was made by the Minister Julie James