- Decision
- allowed, 30 September 2026
- Decided by
- Planning Inspector: B Phillips
- Authority
- Wiltshire (South West)
- Appeal reference
- 6007924
- Application reference
- PL/2025/03776
- Procedure
- written representations
- Development
- Outline permission (all matters reserved) for up to two dwellings beside a Grade II listed former toll house
- Homes
- 2
- Site context
- open countryside, settlement edge, listed building setting, TPO
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S5(1)(j)(i), Transitional(2)
- Development plan policies
- Wiltshire Core Strategy 2015 CP1, CP2, CP50, CP57, CP58
- Main issues
- location and development strategy; setting of listed building; living conditions; trees; ecology and SAC
Summary
Up to two homes on a scrubby plot beside a listed toll house, on the edge of Old Sarum, Salisbury. Allowed. The site is outside the Core Strategy boundaries, but S5(1)(j) applied because there is no five-year supply. The inspector found the site physically well related through the adjacent park and ride and a pavement link. CP1 and CP2 were given very limited weight as inconsistent with S5, no other harm was found, and the S5 balance favoured approval.
Issues and findings
- S5(1)(j)(i). "whilst neighboured by open fields on two sides, as set out below, the original isolated rural surroundings of the site have been diminished and has evolved" (DL ¶11). "There is also a pavement linking the appeal site to the settlement" (DL ¶11). "As such, I find that the site is physically well related to an existing settlement" (DL ¶12).
- Plan weight (Annex A ¶2). "whilst I have found that the proposal would not meet the spatial policy goals of CS Policies CP1 and CP2, given the identified inconsistency with the Framework, these development plan polices should be given very limited weight" (DL ¶44).
- Heritage: no harm. "the setting of the property does not contribute positively to its significance, other than the discernible relationship to historical routes" (DL ¶18).
- SAC. A package treatment plant replacing the cottage's septic tank gives a phosphorus load from three dwellings "significantly below the current situation from one dwelling" (DL ¶36).
Planning balance
S5(1). "I have found no other harm and no conflict with any other Framework policy. There are consequently no adverse effects to substantially outweigh the benefits of the proposal, which include the substantial weight afforded to housing" (DL ¶46).
What made the difference
The site's relationship with Old Sarum's expanding development, through the park and ride, a pavement and an adjacent bus stop, and an extant residential permission on the same land. The inspector did not run TR3 as a separate test; accessibility was folded into "physically well related" (DL ¶12).
Transferable points
- A roadside plot next to a park and ride serving a growing settlement, with a pavement link, was "physically well related" under S5(1)(j)(i) (DL ¶11-12).
- Settlement-boundary restrictions in CP1 and CP2 get very limited weight where S5(1)(j) supports the scheme (DL ¶43-44).
- A package treatment plant replacing an existing septic tank can make new homes nutrient-positive for an SAC (DL ¶35-37).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| S5(1)(j) | pass | no five-year supply (figure not stated) (DL 10) | |
| S5(1)(j)(i) | pass | physically well related to Old Sarum via the adjacent park and ride, with a pavement link to the settlement; an earlier inspector found the site part of the consolidated Old Sarum development (DL 11-12) | |
| Transitional(2) | conflict | very-limited | CP1/CP2 open-countryside restriction inconsistent with S5(1)(j), so very limited weight (DL 43-44) |
| HE6 | neutral | setting of the Grade II toll house preserved; dilapidated plot adds nothing to significance (DL 15-21) | |
| N6 | pass | mapped: River Avon SAC phosphorus; package treatment plant replacing a septic tank reduces load; secured by condition; Natural England satisfied (DL 33-37) | |
| HO7 | benefit | substantial | "the substantial weight afforded to housing" (DL 46) |
| S5(1) | pass | no other harm and no Framework conflict, so nothing substantially outweighs the benefits (DL 45-46) |
Key facts
- Site beside a roundabout on the A345, next to the Old Sarum park and ride; pavement link to Old Sarum; adjacent bus stop and nearby cycle routes (DL 11, 22)
- Extant earlier residential permission on the site (DL 26)
- TPO yew retained; noise mitigation by glazing and MVHR (DL 24-29)
- Old Sarum scheduled monument and two conservation areas unharmed (DL 38-42)
- TR3 not cited; accessibility is treated as part of "physically well related" (DL 11-12)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.