Shrublands Bergholt Road Bentley Ipswich Suffolk IP9 2DQ

Application Details

Applicant & Agent

Planning Application Dates

Planning Decision

Why it was refused

1. 1.REASON FOR REFUSAL: UNSUSTAINABLE LOCATION The proposed dwelling would be located outside any defined settlement and would not be physically well-related to the built form of Bentley. The site is visually and physically separated from the settlement by intervening open agricultural land and therefore does not represent a sustainable location for residential development. Furthermore, future occupiers would have limited opportunity to access day-to-day services and facilities by sustainable means due to the absence of continuous pedestrian infrastructure between the site and the village. With this, the scheme would not accord with Policy LP01 by way of there not being 10 well related dwellings within this cluster. The proposal would consequently fail to constitute sustainable development and would result in an unjustified dwelling in the countryside, contrary to Policy SP03 of the Babergh and Mid Suffolk Joint Local Plan (2023), Policies BEN3 and BEN13 of the Bentley Neighbourhood Plan (2022) and Policies S3, S5 and TR3 of the National Planning Policy Framework (2026).
2. 2.REASON FOR REFUSAL: RAMS The proposed development would result in additional residential accommodation within the Zone of Influence of the Suffolk Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS). In the absence of a financial contribution towards the mitigation measures identified by the strategy, the Local Planning Authority cannot conclude that the proposal would avoid adverse effects on the integrity of the protected European habitat sites. The proposal is therefore contrary to Policy LP16 of the Babergh and Mid Suffolk Joint Local Plan (2023), Policy BEN9 of the Bentley Neighbourhood Plan (2022), Policy N2 of the National Planning Policy Framework (2026) and the requirements of the Conservation of Habitats and Species Regulations 2017.
3. 3.REASON FOR REFUSAL: BIODIVERSITY NET GAIN Insufficient information has been submitted to demonstrate that the proposal would achieve the statutory minimum 10% Biodiversity Net Gain required by Schedule 7A of the Town and Country Planning Act 1990 (as amended). Whilst the application has been submitted as a self-build dwelling, no completed legal agreement has been entered into to secure delivery of the development as a self-build dwelling and therefore the Local Planning Authority cannot conclude that the development benefits from the claimed exemption. In the absence of satisfactory evidence demonstrating compliance with the Biodiversity Net Gain requirements, the proposal is contrary to Policy LP16 of the Babergh and Mid Suffolk Joint Local Plan (2023) and Policy N2 of the National Planning Policy Framework (2026). SUMMARY OF POLICIES WHICH ARE RELEVANT TO THE DECISION: Babergh and Mid Suffolk Joint Local Plan (JLP) (2023) SP01 - Housing Needs SP03 - The sustainable location of new development SP09 - Enhancement and Management of the Environment SP10 - Climate Change LP01 - Windfall infill housing development outside settlement boundaries LP08 - Self-Build and Custom-Build LP15 - Environmental Protection and Conservation LP16 - Biodiversity & Geodiversity LP17 - Landscape LP18 - Area of Outstanding Natural Beauty LP23 - Sustainable Construction and Design LP24 - Design and Residential Amenity LP27 - Flood risk and vulnerability LP29 - Safe, Sustainable and Active Transport Bentley Neighbourhood Plan (NDP) (2022) BEN3 - Development Design BEN4 - Flooding and Sustainable Drainage BEN5 - Parking Standards BEN6 - Development Affecting The Area Of Outstanding Natural Beauty BEN9 - Recreational Disturbance Avoidance And Mitigation BEN13 - Sustainable Transport infrastructure and services National Planning Policy Framework (NPPF) (2026) S3 - Presumption in favour of sustainable development S5 - Principle of development outside settlements S6 - Neighbourhood plans and the presumption L2 - Making effective use of land DP3 - Key principles for well-designed places TR2 - Local parking standards TR3 - Locating development in sustainable locations TR4 - Street design, access, and parking F4 - Assessing flood risk for decision-making N2 - Improving the natural environment PPG - National Planning Practice Guidance

From the council's decision notice.

Publicity

Appeal

Additional Information