Land off Rectory Rise, Petrockstowe

appeal 6009618·Torridge·16 September 2026dismissed
Decision
dismissed, 16 September 2026
Decided by
Planning Inspector: C Cooper-Young
Authority
Torridge (South West)
Appeal reference
6009618
Application reference
1/0338/2025/FUL
Procedure
written representations
Development
Three open-market dwellings
Homes
3
Site context
settlement edge, open countryside, rural lane
Green Belt
No
Housing land supply
4.61 years
Framework applied
August 2026 NPPF
Determinative policies
S5(1)(e), S5(1)(j), TR6(4), TR3, HO7
Development plan policies
North Devon and Torridge Local Plan 2011-2031 ST01, ST07, ST10, ST17, DM05, DM06, DM24
Main issues
suitability of location; highway safety; housing mix

Summary

Three market homes on a field adjoining Petrockstowe on three sides, in Torridge. The inspector applied S5 because the site is outside the settlement despite adjoining it. S5(1)(e) infill failed. S5(1)(j) was engaged by the 4.61-year supply, but the housing benefit got only little weight. Against that were an unsafe access (TR6(4), a "should be refused" policy, substantial weight) and a Connectivity Tool score of 6/100. The benefits were "substantially outweighed".

Issues and findings

Planning balance

S5(1)(j). Supply was 4.61 years; "because a shortfall of around this order is marginally below Government expectations, little weight is attributed to the contribution" (DL ¶28). HO7: "the appeal proposal comprises 3 unrestricted open market dwellings that would not address the specific housing requirements within the local area … only little weight" (DL ¶39-40). "Framework policy TR6:4., which is a national decision making policy as referred to in policy S5 … indicates that the development should be refused. Consequently, substantial weight" (DL ¶41). Conclusion: "substantially outweighed" (DL ¶42).

What made the difference

Highway safety, combined with a marginal supply shortfall and market housing that did not match the local mix. The inspector scaled HO7 weight down by the size of the shortfall and by whether the homes met identified local needs. Note the contrast with Torridge's other appeal at Holsworthy Beacon (PINS-6009632), allowed the same day under a different inspector.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
S3(1)neutralsite adjoins development on three sides but is outside the settlement - S4 not relevant, S5 applies (DL 6, 32)
S5(1)(e)failundeveloped field visually/functionally connected to farmland - extension of settlement, not a small gap in a continuous frontage (DL 34-35)
S5(1)(j)passno 5YHLS (4.61 years) and criteria met - (j) relevant (DL 36)
TR3failsubstantialConnectivity Tool score 6/100; lanes with intermittent footway and lighting; pub and church closed; Merton 2 miles, Hatherleigh 4.5, Great Torrington 7.5 (DL 7-11)
TR6(4)failsubstantialsteep narrow access, visibility splay needs third-party land; highway authority objected (DL 12-22, 41)
HO7benefitlimitedlittle weight - 4.61 years marginal shortfall and open-market homes do not address specific local needs (DL 28, 38-40)

Key facts

Related decisions

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.