Land to the rear of Edoras, Banbury Road, Pillerton Priors

application 26/01894/PIP·Stratford-on-Avon·25 September 2026refused
Decision
refused, 25 September 2026
Decided by
Council planning committee: SDC Planning Committee 23 Sep 2026 (vote not recorded; minutes not published at 2 Oct 2026); case officer Ian Guffick
Authority
Stratford-on-Avon (West Midlands)
Application reference
26/01894/PIP
Procedure
committee
Development
Permission in principle for 3 to 5 dwellings in the rear garden of a house
Homes
5
Site context
inside settlement, settlement edge
Green Belt
No
Housing land supply
2.21 years
Framework applied
August 2026 NPPF
Determinative policies
S4(1), L2(1)(d), DP3, N2(1)(a)
Development plan policies
Stratford-on-Avon Core Strategy 2016 CS.5, CS.9, CS.15, CS.16, AS.10, CS.26, CS.4, CS.6
Main issues
character and landscape; development within a residential curtilage; S4 balance; member overturn

Summary

PIP (permission in principle) for 3 to 5 homes in the large rear garden of a house on the A422 at Pillerton Priors. The officer recommended approval under S4: character harm of significant weight, and a failure of L2(1)(d), were held not to "substantially outweigh" up to 5 homes against a 2.21-year supply. The Planning Committee of 23 September 2026 did not follow the recommendation. The notice of 25 September refuses permission for one reason: "substantial harm" to village character from backland development within a residential curtilage, which "is considered to substantially outweigh any benefits". The printed minutes were not published at 2 October 2026, so the vote and the debate are not recorded. The copies read are sources:council/stratford-26-01894-PIP-report.pdf, sources:council/stratford-committee-2026-09-23-update-sheet.pdf and sources:council/stratford-26-01894-PIP-notice.pdf.

Issues and findings

Planning balance

S4(1), run twice with opposite results. The officer set significant weight to character and landscape conflict (DP3, N2, CS.5, CS.9) against substantial weight to up to 5 homes and limited weight to economic and other benefits, and concluded that the benefits "would not be substantially outweighed by any adverse effects" (Report p.17). Members graded the character harm as "substantial" and held that it does "substantially outweigh any benefits" (Notice reason 1). The notice gives no weight to the housing benefit and does not mention the supply position.

What made the difference

The same facts, graded differently. The officer accepted that the scheme was backland development at odds with a "strong linear form", that it failed the 50% curtilage test in L2(1)(d)(iii), and that two earlier schemes on the land had been refused on character, one of them (for only 2 dwellings) dismissed at appeal in 2024. The officer still gave the harm only "significant" weight and treated the L2(1)(d) failure as a matter for the general balance. Members called the harm "substantial" and used the S4(1) formula to refuse. Neither the report nor the notice applies S4(2)(a)(ii), the paragraph that makes a substantial adverse impact on the application of L2(1)(d) a circumstance in which the benefits are "likely to be substantially outweighed". The members' reason nonetheless tracks it in substance: substantial harm, from development "within an existing residential curtilage", with S4 and L2 both cited.

Transferable points

Policy findings

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

PolicyFindingWeightNote
S4(1)failmembers - "The harm is considered to substantially outweigh any benefits associated with the scheme" (Notice reason 1)
S4(1)passofficer view - the benefits "would not be substantially outweighed by any adverse effects" (Report p.17); recommendation GRANT
L2(1)(d)failmembers - the notice cites "L2" with no limb; the reason describes "a backland form of development within an existing residential curtilage" (Notice reason 1)
L2(1)(d)failofficer view - fails point (iii) because the scheme would not retain 50% of the non-developed curtilage; "some conflict", but the policy says "should" and not "must" (Report pp.9, 13, 17); the report writes "L2 (1)(4) point iii"
S4(2)(a)(ii)not-engagedofficer view - quoted in full (Report p.7) but never applied; no finding on whether the L2(1)(d) failure was a "substantial adverse impact"; the notice cites S4 and L2 but not S4(2)
DP3harmmembers - "substantial harm to the character of Pillerton Priors village"; the notice cites DP3 with no limb and gives no weight word
DP3harmsignificantofficer view - "In light of NDMP DP3 (2), I afford this harm significant weight" (Report p.12)
N2(1)(a)harmmembers - the notice cites "N2" with no limb; "an unacceptable impact on the visual amenity of the landscape" (Notice reason 1); the officer also found conflict with N2 (Report p.12)
HO7benefitsubstantialofficer view - up to 5 dwellings against a 2.21-year supply (Report pp.16-17); the notice gives no weight to the benefits ("any benefits")
TR3passofficer view - "a sustainable settlement" with pavements, a village hall, a petrol station and a bus service, but "The level of sustainability is of course not high" (Report p.9)
TR8neutralofficer view - the Update Sheet reports an objection from the county Rights of Way team (the definitive line of footpath SS11 crosses the rear garden); officers said a diversion could be secured at technical details stage; not a refusal reason
Transitional(2)conflictvery-limitedofficer view - CS.26 "materially inconsistent" because it lacks the "severe" test (Report p.14); CS.5 and CS.9 treated as materially consistent (Report p.9)

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.