East Devon Win Key appeal as 5 year Shortfall is ‘Short term’ as Local Plan EIP opens
Key lesson here you are much more likley to defend a S78 if your EIP is about to open.
From the addedum note
The development dismissed on appeal is a mixed use development, comprising a
Business Development Unit (BDU); Offices, Workshops; Residential evelopment; Play Area and Sportsfield with 2 football pitches, MUGA, pavilion and parking, with all supporting infrastructure, including a spine road. The appeal site covered a much larger area than the sites allocated for development in the Local Plan (118B, allocated for employment and recreation and reserve site E315). It extends northwards beyond 118B and E315 into the green wedge by some additional 250m (on the western side) and 125m (on the eastern side) so that the remaining ‘gap’ between Seaton and Colyford was barely more than a field wide in places. In reaching his decision the Inspector stated that, due to the undermining of the effectiveness of the Green Wedge policy the scheme was “not considered to meet all three strands of the NPPF’s role for sustainable development, and that the shortfall in housing land supply is not so severe as to justify overriding these concerns at this stage”. He went on to say that “the housing shortfall although significant is – arguably – relatively shortterm, whereas the erosion of separation between Colyford and Seaton would be permanent, and should not be acceded to lightly”.
It is considered that the Inspectors decision is not at odds with the Local Plan
‘reserve site’ approach as he recognised that some development could take place
without excessive harm.