Mulberry House, Middle Street, East Lambrook

appeal 6010393·Somerset·21 September 2026dismissed
Decision
dismissed, 21 September 2026
Decided by
Planning Inspector: C Butcher
Authority
Somerset (South West)
Appeal reference
6010393
Application reference
25/00931/OUT
Procedure
written representations
Development
Outline for one single-storey custom-build dwelling in rear garden, planting, foul water upgrade
Homes
1
Site context
settlement edge
Green Belt
No
Housing land supply
2.22 years
Framework applied
August 2026 NPPF
Determinative policies
S4(1), L2(1)(d)(i), DP3(3), S5(1)(j)
Development plan policies
South Somerset Local Plan 2015 SS1, SS2, EQ2, HG5
Main issues
location and character

Summary

An outline custom-build bungalow in the rear garden of a house at the loose western edge of East Lambrook, reached by a long new access track. Dismissed. The inspector treated the garden as "likely" part of the settlement, so S4 applied. HO7 (supply only 2.22 years) and W4 (septic tank replacement) each attracted substantial weight. But the backland form failed L2(1)(d)(i) and DP3(1), and DP3(3) was "a key determinative feature". The harm substantially outweighed the benefits, and the result would have been the same under S5(1)(j).

Issues and findings

Planning balance

S4(1): "the identified level of harm would substantially outweigh the benefits of the proposal, even when affording substantial weight with regards to Policy HO7 and W4" (DL ¶22). In the alternative: "even if the site were considered to be outside of the settlement, and therefore that Policy S5(j) … was in play, the appeal would still fail" (DL ¶23).

What made the difference

Design, via DP3(3). A backland plot with a long, visible track at a soft settlement edge conflicted with both the L2(1)(d) street-scene test and DP3. With a 2.22-year supply, S4 or S5(1)(j) would otherwise have strongly favoured the scheme. A frontage plot would probably have passed.

Transferable points

Policy findings

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

PolicyFindingWeightNote
AnnexB:settlementpassrear garden well connected to built form "likely … part of the settlement", so S4 applied; S5(1)(j) considered in the alternative (DL 19, 23)
L2(1)(d)(i)failbackland plot and long access track visible from a publicly accessible unmade track and PROWs; not consistent with the street scene (DL 20-21)
DP3(3)fail"a key determinative feature"; backland suburban form erodes settlement-edge transition (DL 7-10, 21)
HO7benefitsubstantial2.22-year supply implies unmet need including custom-build (DL 6, 19)
W4benefitsubstantialreplacement of an existing septic tank triggers W4 substantial weight (DL 19)
S5(1)(j)failin the alternative, harm would still substantially outweigh benefits (DL 23)

Key facts

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.