Case 3359108

Land East of Church Road, Laverstock, Salisbury, SP1 1RB

Wiltshire Council — appeal allowed

Outcome
Allowed
Decision date
10 October 2025
Authority
Wiltshire Council
Inspector
Pickernell E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Major dwellings
Appellant
Hallam Land Management Limited
LPA reference
20/11598/OUT
ONS LPA code
E06000054
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 January 2025

Summary AI

The appeal for 49 dwellings at Land East of Church Road, Laverstock, Salisbury, was allowed, subject to various conditions. The inspector found that the site was not a suitable location for housing, but the development's contribution to housing supply and other benefits outweighed the conflict with development plan policies.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Site visit made on 11 June 2025 by E Pickernell BSc MSC MRTPI an Inspector appointed by the Secretary of State Decision date: 10 October 2025 Appeal Ref: APP/Y3940/W/25/3359108 Land East of Church Road, Laverstock, Salisbury, SP1 1RB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Hallam Land Management and Velcourt Group Limited against the decision of Wiltshire Council. • The application Ref is 20/11598/OUT. • The development proposed is the erection of up-to 49 dwellings, accesses from Church Road, Green Infrastructure including landscaping and children’s play, a sustainable urban drainage system and utility buildings. Decision 1. The appeal is allowed and planning permission is granted for the erection of up-to 49 dwellings, accesses from Church Road, Green Infrastructure including landscaping and children’s play, a sustainable urban drainage system and utility buildings at Land East of Church Road, Laverstock, Salisbury, SP1 1RB in accordance with the terms of the application, Ref 20/11598/OUT, subject to the conditions in the attached schedule. Preliminary Matters 2.

Page 1 · Chunk 1 Appeal Decision

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Amended plans were received during the course of the application which had the effect of reducing the number of dwellings proposed. I have therefore taken the description of development in the banner heading above, from the decision notice as it more accurately describes the proposal. 3. The appeal scheme relates to an outline proposal with access only to be determined at this stage and matters relating to appearance, landscaping, layout and scale are reserved for future consideration. I have considered the appeal accordingly and treated the plans as indicative in respect of the reserved matters. 4. The appeal site lies within the catchment of the River Avon Special Area of Conservation (SAC), the Zones of Influence (ZOI) of the Great Yews Site of Special Scientific Interest (SSSI)/SAC, the Salisbury Plan SPA, the Porton Down SPA and the New Forest SAC/SPA/Ramsar/SSSI site. Although not included as a reason for refusal by the Council, I am required to consider whether the proposed development would be likely to have a significant effect on the sites, and if so, as the competent authority, assess the implications of the effect of the proposal on the site’s conservation objectives under an appropriate assessment.

Page 1 · Chunk 2 Appeal Decision

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/Y3940/W/25/3359108 Background and Main Issues 5. The Council refused planning permission for one reason which relates to conflict with the development plan for the area. The Council stated in its appeal statement that it would not defend the reason for refusal, because under the provisions of the current iteration of the National Planning Policy Framework (the Framework) a five- year housing land supply cannot be demonstrated. As such it has no planning objections to the proposed development, subject to the satisfactory completion of a planning obligation. 6. A signed planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended) was submitted as part of the appeal. This has obligations relating to the provision of affordable housing, public open space and play areas, bus passes and cycle vouchers, early years education contributions, youth and adult provision contributions, waste and recycling containers contribution, highway works, New Forest Recreation Mitigation Contribution and phosphate monitoring fee and mitigation. I will consider this further below. 7.

Page 2 · Chunk 4 Appeal Decision

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Despite the position of the Council, the matters referred to in the reason for refusal have been raised by interested parties, along with several other matters. 8. Therefore, the main issues are: • whether the appeal site is a suitable location of housing with particular regard to the development plan policies for the area; and • the effect of the proposed development on the integrity of protected species. Reasons Suitable location 9. The appeal site is located off Church Road towards the north of the village in a field which is located between an employment site to the south and a small group of residential properties to the north. 10. The Wiltshire Core Strategy (Adopted January 2015) (WCS) seeks to guide new housing development to settlements with good access to services and facilities and set out a hierarchy in respect of this. Laverstock is a small village, defined under CP23 of the WCS where CP2 sets out that new development will be limited to infill within the existing built-up area. 11.

Page 2 · Chunk 5 Appeal Decision

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision The Laverstock and Ford Communities Neighbourhood Plan 2021 – 2036 (Made October 2022) (NDP) expands on this requirement, explaining that infill development is the filling of a small gap in an otherwise built-up frontage, large enough for a few dwellings, generally one or two. Although the appeal site is located in a gap between development, given the quantum of development proposed and the overall size and depth of the appeal site, I do not consider that it could reasonably be described as infill development. 12. A new local plan for Wiltshire and has been submitted for examination. Policy 30 of the draft plan would allocate land to the east of Church Road for approximately 50 dwellings. However, no findings have been published, and it is therefore not https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3359108 certain that it will be adopted in its current form. I therefore attach only limited weight to this emerging policy. 13. As such the appeal site is not a suitable location for housing with particular regard to the development plan policies for the area. The proposal would therefore conflict with CP 1, 2 and 23 of the WCS and the NDP which together seek to limit development in small villages to that on infill sites. Habitats sites River Avon SAC 14. The River Avon SAC is designated as it provides habitat for vegetation, snails and several species of fish in both the main river and its tributaries. The mosaic of aquatic habitats includes extensive areas of gravels essential for spawning and growth of juvenile fry. The conservation objectives of the SAC are to ensure that the integrity of the site is maintained or restored as appropriate. 15. The appeal site is within the catchment of the SAC and has the potential to cause significant adverse effects through the discharge of phosphorus in waste water, either alone or in combination with other developments.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision The Councils Revised Nutrient Neutrality Strategy (February 2024) sets out a council-led strategy for securing mitigation in order to achieve phosphorus neutrality, however it also states that other options such as securing mitigation through private providers, as well as delivery of bespoke solutions on-site where possible can also be progressed by developers. 16. In this instance mitigation is proposed by way of a Fallow Land Management Plan1, the implementation of which would be secured through the planning obligation. This would involve taking 7.05 ha land out of agricultural production. 1.15 ha of the land would be planted with native woodland, and the remainder would revert to low maintenance grassland. Natural England has confirmed that it has no objection to this approach but that the scheme must also ensure that the land is not grazed by livestock during the period it is fallowed. Subject to the prevention of grazing of livestock on this land, I am satisfied that adverse significant effects from the scheme could be avoided. 17. Neither the Fallow Land Management Plan nor the signed planning obligation would have the effect of restricting grazing.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision A deed of variation would therefore be required to secure this which could be achieved via a ‘Grampian’ condition. Planning Practice Guidance (PPG)2 states that in exceptional circumstances a negatively worded condition requiring a planning obligation or other agreement to be entered into before certain development can commence may be appropriate, where there is clear evidence that the delivery of the development would otherwise be at serious risk. In such cases the 6 tests set out in PPG3 should also be met. 18. In the absence of such a condition, I could not be certain that the land in question would not be grazed by livestock and that the potential effects of the proposed development on the SAC would be fully mitigated. In such circumstances, it would be necessary to dismiss the appeal. This would put the delivery of the development 1 Prepared by FCPR, 13 February 2024 2 Paragraph: 010 Reference ID: 21a-010-20190723 3 Paragraph: 003 Reference ID: 21a-003-20190723 https://www.gov.uk/planning-inspectorate 3

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3359108 at serious risk. Furthermore, the condition would be necessary and relevant to planning, and the development as it would be required to ensure essential mitigation in order to avoid significant adverse effects on the SAC, arising from the development. The condition would be enforceable as development could not commence until compliance had occurred and would be precise as it would relate to a very specific requirement. As such I conclude that such a condition would be reasonable and meet the 6 tests and that in the specific circumstances of this case, is appropriate. 19. Consequently, I am satisfied that subject to the imposition of a condition requiring a deed of variation to the planning obligation to prevent grazing of the fallow land, the development would not have an adverse impact on the River Avon SAC. New Forest SAC/SPA/Ramsar/SSSI 20. The New Forest is designated as an SAC for its mosaic of habitats including fens, woodland, heaths, meadows, and water bodies. Qualifying species include Great Crested Newt, Southern Damselfly and Stage Beetle. It is designated as an SPA due to the presence of protected bird species.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision The objectives of the SPA and SAC are to ensure that the integrity of the sites is maintained or restored. The appeal site lies within the 13.8km ZOI of the sites and has the potential to cause significant adverse effects to them through increased recreational pressure, either alone or in combination with other development. 21. The Council’s Interim Recreation Mitigation Strategy for the New Forest Internationally Protected Sites (January 2022) (the mitigation strategy) sets out a strategy for mitigating the effects of recreational pressure. On smaller housing schemes, this strategy includes securing contributions towards the strategic provision of Suitable Accessible Natural Greenspace (SANG) and access and visitor management within the New Forest. In this instance, mitigation is proposed by way of a financial contribution of £29,400 in accordance with the strategy, secured through the signed planning obligation. 22. Natural England is satisfied that provided the contribution to the mitigation strategy is secured then the proposals would not result in adverse effects on the integrity of the New Forest Designated Sites.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision The mitigation strategy confirms the way in which the money should be spent, and the Council is a responsible and accountable public body. In such circumstances, I am satisfied that the financial contribution would lead to effective mitigation. Porton Down SPA 23. Porton Down is designated as an SPA due to the presence of breeding Stone Curlew. The conservation objectives are to ensure that the integrity of the site is maintained or restored as appropriate and to ensure the site contributes to the aims of the Wild Birds Directive4. Given the distance between the appeal site and the SPA and the fact that public access is restricted there is no mechanism for significant adverse effects to occur and therefore no mitigation is proposed. Natural England are satisfied that the SPA can be screened out of further assessment and on this basis, I am also satisfied that the proposals would not result in adverse effects on the integrity of the designated site. 4 2009/147/EC https://www.gov.uk/planning-inspectorate 4

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3359108 Salisbury Plan SPA 24. The Salisbury Plain SPA is designated as it provides habitat for wild birds including the Hen Harrier, Eurasian Hobby, Common Quail and Stone-curlew. The conservation objectives of the SPA are to ensure that the integrity of the site is maintained or restored as appropriate and ensure that the site contributes to achieving the aims of the Birds Directive. The appeal site lies within the buffer zone for the SPA where it has been established that additional residential development has the potential to increase visitor numbers and recreational pressures on the protected sites, with associated harmful impacts on the birds. Either alone or together with other developments in the area, there would therefore be a likely significant effect on the SPA. 25. The Council’s HRA and Mitigation Strategy for Salisbury Plain SPA (in relation to recreational pressure from residential development) (Reviewed in June 2024) document sets out a strategy to identify, avoid and mitigate any potential effects of increasing recreational pressure on the SPA. This includes Stone-curlew monitoring and management, advice to landowners and tenants, and visitor monitoring. 26.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Wiltshire Council is a Community Infrastructure Levy (CIL) charging authority. Its adopted Regulation 123 list includes funding for “Stone-curlew and Salisbury Plain Special Protection Area”. It is proposed to secure the necessary mitigation through a CIL payment. Natural England has confirmed it is satisfied that this would be effective in avoiding harmful impacts arising from recreational pressure on the SPA. Because the funds are ring-fenced annually prior to spending on any other infrastructure item I am satisfied that the mitigation would be secured and that the development would not have an adverse impact on the Salisbury Plain SPA. Cockey Down SSSI 27. Cockey Down SSSI is relatively close to the appeal site, however it is not part of a designated European site. The features of interest include the flora and fauna, including species of orchid, grasses and insects. I note the concerns raised regarding the survey of visitors to Cockey Down, however Natural England is satisfied that the increase in recreational pressure on the SSSI that will result from the revised scheme is unlikely to harm its interest features. 28.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision It is understood that the appellant has previously allowed the Wildlife Trust to access through the site on an informal basis. Whilst the layout of the site is yet to be established, the indicative plans suggest that this part of the site would be unchanged. Consequently, I do not consider that a condition in respect of access would be reasonable. Natural England has requested a contribution towards the management costs of the SSSI. However, on the basis that any increased recreational pressure would not result in harm, I am not convinced that such contributions would be necessary to make the development acceptable in planning terms and as such would not meet the tests in regulation 122 of the CIL Regulations. Overall findings 29. Overall, following an appropriate assessment, the proposals would not adversely affect the integrity of these habitat sites. Therefore, the scheme may proceed under the Conservation of Habitats and Species Regulations 2017. https://www.gov.uk/planning-inspectorate 5

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3359108 Other Matters 30. The Council acknowledges that it is unable to demonstrate a five-year supply of housing land. Under the requirements of the current iteration of the Framework, the Council can now demonstrate only 2.03 years of housing supply. This represents a significant shortfall in housing provision in the area. Set against this, the proposal would deliver up to 49 dwellings, 40% of which would be affordable homes. This would make a notable contribution towards housing supply in Wiltshire. Given the extent of the shortfall, I give significant weight to the contribution the appeal scheme would make to housing supply. 31. The proposal would also bring about economic benefits including jobs during the construction phase and local expenditure by future residents. Social benefits would occur as a result of new residents supporting local services as well as other benefits such as the provision of play facilities, efficient homes and biodiversity improvements. Together, I give these benefits moderate weight. 32. A significant number of comments have been made by interested parties which I have taken into account.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision In respect of highway safety and congestion matters, I note that the local highway authority has raised no objection to the proposal subject to the provision of physical works including new crossings, bus shelters and active travel measures which would be secured via the planning obligation. No substantive evidence has been put to me which demonstrates that there would be any significant impacts in respect of highway safety, congestion and any noise or pollution arising as a result, which could not be successfully mitigated. 33. The Council did not refuse the application due to concerns about character and appearance or landscape matters, including public views towards Cockey Down. The indicative plans demonstrate that a layout could come forward which would maintain a significant amount of open space, allowing some views towards Cockey Down from Church Road to be maintained above and between areas of development. The appearance of the site would inevitably change as a result of the development. However, I am satisfied that this would not have a significantly harmful effect on the landscape character of the area or the setting of the village. 34.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision The application was assessed by the Council’s drainage advisors who concluded that the proposed development would not be at risk of flooding and would not result in flood risk elsewhere. Further details in respect of drainage would come forward through the submission of reserved matters, however there is no substantive evidence before me that the proposal would not result in a significant increase in flooding or that any impacts could not be satisfactorily mitigated. 35. Concerns have been raised that the local infrastructure could not support the proposal including schools, local facilities, public transport, and sewerage. These matters have been assessed by the Council and consultees who have raised no concerns which could not be adequately dealt with via planning obligations or conditions. In the absence of substantive evidence to the contrary, I have no reason to disagree with their conclusions. 36. The affordable housing element of the proposal would be secured via planning obligations and conditions would ensure that a programme of archaeological investigations is submitted to the Council, and that ecology is protected and enhanced.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision In respect of the Esso pipelines which cross the site, the company have raised no objections to the proposals. Concerns have been raised that to allow the https://www.gov.uk/planning-inspectorate 6

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision In respect of the Esso pipelines which cross the site, the company have raised no objections to the proposals. Concerns have been raised that to allow the https://www.gov.uk/planning-inspectorate 6

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3359108 appeal would give rise to further applications; however, I must assess the appeal before me on its own merits. Planning Obligation 37. In addition to the obligations to secure mitigation in respect of protected habitats site, the submitted obligation makes provision for the provision of 40% on-site affordable housing in order to ensure that the proposal accords with CP 43 of the WCS. The obligation makes provision for the submission, implementation and management of open space and play areas as well as a contribution to youth/adult provision of £451.79 per dwelling. These obligations are necessary to ensure that adequate provision is made for open space in accordance with CP52 of the WCS. 38. The obligation provides for bus passes and cycle vouchers as well as the provision of pedestrian crossings and a bus shelter which are necessary to ensure that safe and suitable transport and travel opportunities are available to future occupiers in accordance with CP62 of the WCS. A contribution of £2,145.55 is necessary to make the necessary early-years education provision for the children who would occupy the dwellings.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision In addition, a contribution of £101 per dwelling is necessary to provide the necessary containers to ensure that waste and recycling is appropriately stored. 39. For the reasons set out above, I am satisfied that the planning obligations are necessary to make the development acceptable in planning terms, are directly related to the development and are fairly and reasonably related in scale and kind to the development. They would therefore comply with regulation 122(2) of the Community Infrastructure Levy Regulations 2010 and paragraph 58 of the Framework. Planning Balance 40. The proposal would conflict with CP 1, 2 and 23 of the WCS and the NDP because the site is in a small village, outside of a settlement boundary and is not infill. However, because the Council cannot demonstrate a five-year supply of deliverable housing sites, these policies which relate to the delivery of housing are deemed to be out of date. Consequently, paragraph 11d) of the Framework is engaged. 41. The provision of up to 49 dwellings, including affordable dwellings, and the associated social and economic benefits are positive aspects of the scheme to which I collectively attach significant weight.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision The scheme would not adversely effect the integrity of protected habitats sites. However, this is a neutral factor. 42. The adverse impact arising from a conflict with the above-mentioned policies would not significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. Consequently, the presumption in favour of sustainable development applies and this indicates that permission should be granted. Conditions 43. I have had regard to the suggested conditions proposed by the Council. Where necessary, I have undertaken some minor editing and rationalisation where they meet the tests set out in paragraph 57 of the Framework in the interests of precision and clarity. In addition to those conditions which I have already referred to https://www.gov.uk/planning-inspectorate 7

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3359108 in my decision and the standard time limit and “reserved matters” conditions, I have imposed a condition specifying the approved plans in the interests of certainty. I have included the parameter plans which the parties agree is necessary. 44. Details of a sustainable water drainage scheme are required to ensure that adequate drainage is provided and to avoid flooding. A condition in respect of an archaeological field evaluation is necessary to ensure that any archaeological remains present at the site are protected and recorded as appropriate. Conditions requiring the submission of a Construction Environmental Management Plan and a Habitat Management and Monitoring Plan are necessary to ensure that ecological features are protected, monitored and managed appropriately. A condition in respect of contaminated land is necessary to ensure that no health risks occur. Conditions requiring the submission of a Construction Method Statement (CMS) and limiting the hours of work are necessary to ensure the living conditions of neighbouring occupants are not adversely affected.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision Conditions requiring a scheme to protect residents from noise impacts and an Air Quality Assessment to be carried out are required in order to ensure that future residents have acceptable living conditions. 45. The information required by these conditions is required prior to the commencement of development because they concern the early stages of development or might influence the design. 46. A Sustainable Energy Strategy is required to ensure that sustainability measures are incorporated into the development. Conditions in respect of a Travel Plan and the implementation of a footway and the construction and visibility splays of the main access points are necessary to ensure that sustainable travel measures are implemented, and that safe and suitable access is provided. Details of lighting are required to ensure that there would be no adverse impacts upon bats. A condition limiting the use of water is necessary to ensure compliance with the nutrient neutrality mitigation strategy. 47. I have not included conditions which relate to matters of landscaping and appearance as these would be submitted as part of the reserved matters.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — Appeal Decision A condition specifying that no burning shall take place on site is suggested, however this is covered by separate legislation and as such a planning condition is not necessary. A condition is also suggested specifying the number of dwellings approved, however the description of development is sufficiently clear and as such this condition is not necessary. Conclusion 48. The proposed development would conflict with the development plan but material considerations including the Framework indicate that a decision should be made other than in accordance with it. Therefore, for the reasons given, the appeal should succeed.

Page 8 · Chunk 26 E Pickernell

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell INSPECTOR https://www.gov.uk/planning-inspectorate 8

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/Y3940/W/25/3359108 Schedule of Conditions 1) The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3) Details of the appearance, landscaping, layout, and scale (“the reserved matters”) shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. 4) The development hereby permitted shall be carried out in accordance with drawing nos 6450-L-01 Rev O, SK_T_012 Rev P8, 6450-L-06 Rev U and 6450-E-01.

Page 9 · Chunk 28 E Pickernell

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 5) No development shall take place until the planning obligation dated 15 April 2025 and entered into pursuant to section 106 of the Town and Country Planning Act 1990 in relation to the proposed development has been varied with the effect that the Phosphate Fallow Land Management Plan as referred to therein is modified such that the fallowed land providing the mitigation will not grazed by livestock, horses, ponies or other similar animals during the period it is fallowed.

Page 9 · Chunk 29 E Pickernell

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 5) No development shall take place until the planning obligation dated 15 April 2025 and entered into pursuant to section 106 of the Town and Country Planning Act 1990 in relation to the proposed development has been varied with the effect that the Phosphate Fallow Land Management Plan as referred to therein is modified such that the fallowed land providing the mitigation will not grazed by livestock, horses, ponies or other similar animals during the period it is fallowed.

Page 9 · Chunk 30 E Pickernell

Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 6) No development shall take place until: i) An archaeological field evaluation has been carried out in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority; and ii) Safeguarding measures to ensure the preservation in situ of important archaeological remains and/or further archaeological investigation and recording identified in the archaeological field evaluation have been undertaken in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority 7) No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell The submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained https://www.gov.uk/planning-inspectorate 9

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell Appeal Decision APP/Y3940/W/25/3359108 thereafter in accordance with the approved management and maintenance plan. 8) Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing. The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including the following: a) Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing. b) Working method statements for protected/priority species, such as nesting birds and reptiles. c) Working method statements for the avoidance of impacts on the River Bourne/ River Avon SAC. d) Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (EcoW) shall be present on site.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell e) Key personnel, responsibilities and contact details (including Site Manager and ecologist/EcoW). f) Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/EcoW and to include photographic evidence. The development shall be carried out in strict accordance with the approved CEMP. 9) Prior to the start of construction, a Habitat Management and Monitoring Plan (HMMP) shall be submitted to and approved in writing by the Local Planning Authority. The HMMP will include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets. The HMMP shall also include details of the legal and funding mechanism(s) by which long- term implementation of the plan will be secured. The HMMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 10) No development shall take place until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites – Code of Practice and the Environment Agency‚ Land Contamination Risk Management (LCRM) (or equivalent British Standard and Model Procedures if replaced), has been submitted to and approved in writing by the local planning authority. If any contamination is found, no development shall take place until: i) a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the development hereby https://www.gov.uk/planning-inspectorate 10

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 10) No development shall take place until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites – Code of Practice and the Environment Agency‚ Land Contamination Risk Management (LCRM) (or equivalent British Standard and Model Procedures if replaced), has been submitted to and approved in writing by the local planning authority. If any contamination is found, no development shall take place until: i) a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the development hereby https://www.gov.uk/planning-inspectorate 10

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell Appeal Decision APP/Y3940/W/25/3359108 permitted has been submitted to and approved in writing by the local planning authority; ii) The site has been remediated in accordance with the approved measures and timescale; and iii) A verification report has been submitted to and approved in writing by the local planning authority. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended until: iv) additional measures for the remediation of the site have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority; and v) A verification report for all the remediation works has been submitted to and approved in writing by the local planning authority. 11) Construction work shall not take place until a scheme for protecting the proposed dwellings from noise from the adjacent road and industrial unit shall have been submitted to and approved in writing by the local planning authority. All works which form part of the scheme shall be completed before any of the approved dwellings are occupied and retained thereafter.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 12) Prior to the commencement of the development hereby permitted an Air Quality Assessment (AQA) or Screening Assessment shall be submitted to and approved by the local planning authority. The assessment shall include measures to minimise the development’s effects on air quality and minimise the risk of air pollution affecting users of the development, along with a timetable for their implementation. The agreed measures shall be implemented in accordance with the timetable and shall be retained in perpetuity thereafter. 13) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 12) Prior to the commencement of the development hereby permitted an Air Quality Assessment (AQA) or Screening Assessment shall be submitted to and approved by the local planning authority. The assessment shall include measures to minimise the development’s effects on air quality and minimise the risk of air pollution affecting users of the development, along with a timetable for their implementation. The agreed measures shall be implemented in accordance with the timetable and shall be retained in perpetuity thereafter. 13) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell The Statement shall provide for: i) The movement of construction vehicles; ii) The cutting or other processing of building materials on site; iii) Wheel washing and vehicle wash down facilities; iv) The transportation and storage of waste and building materials; v) The recycling of waste materials (if any) vi) The loading and unloading of equipment and materials vii) The location and use of generators and temporary site accommodation viii) Where piling is required this must be Continuous flight auger piling wherever practicable to minimise impacts The approved Construction Method Statement shall be adhered to throughout the construction period for the development. 14) Concurrent with the reserved matters application a Sustainable Energy Strategy (SES) shall be submitted for the approval in writing by the local planning authority. The SES shall set out the measures to deliver sustainable construction and climate change adaption and include an implementation https://www.gov.uk/planning-inspectorate 11

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell Appeal Decision APP/Y3940/W/25/3359108 schedule and any approved infrastructure shall be provided in accordance with the approved schedule. 15) Prior to the first occupation of the development hereby permitted, a Full Travel Plan and a timetable for its implementation shall be submitted to and approved in writing by the local planning authority. The Travel Plan shall include details of a travel plan co-ordinator who shall be appointed as such for three years. The Full Travel Plan shall be implemented in accordance with the approved timetable. 16) Prior to first occupation a 2 metre wide footway over the red lined part of the site frontage, and extending a short distance beyond the site frontage southwards to a point as shown on drawing number SK/T/012/P8 shall have been constructed and made permanently available for use by pedestrians, in accordance with details to be first submitted to and approved by the Local Planning Authority. 17) Prior to first occupation of any dwelling served by the northernmost access, that access shall have been provided to the specifications set out in the S278 Agreement.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell Before being brought into use the northernmost access to the development shall be provided with visibility with nothing to exceed the height of 600mm above carriageway level between the carriageway edge, and a line drawn from a point 2.4 metres back along the centre line of the access from the carriageway edge, to points on the nearside carriageway edge 43 metres to the north and 43 metres to the south. The access shall be retained as such thereafter. 18) Prior to first occupation of any dwelling served by the southernmost access, that access shall have been provided to the specifications set out in the S278 Agreement. Before being brought into use the southernmost access to the development shall be provided with visibility with nothing to exceed the height of 600mm above carriageway level between the carriageway edge, and a line drawn from a point 2.4 metres back along the centre line of the access from the carriageway edge, to points on the nearside carriageway edge 43 metres to the north and 43 metres to the south. The access shall be retained as such thereafter.

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell 19) No external light fixture or fitting will be installed within the application site unless details of existing and proposed new lighting have been submitted to and approved by the local planning authority in writing. The submitted details will demonstrate how the proposed lighting will impact on bat habitat compared to the existing situation. The plans will be in accordance with the appropriate Environmental Zone standards set out by the Institution of Lighting Professionals (ILP) Guidance Notes on the Avoidance of Obtrusive Light (GN 01/2021) and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals. 20) The residential development hereby approved shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage). Within 3 months of each phase being completed and the housing being brought into use, a water efficiency report certifying that this standard has been achieved shall be submitted to the local planning authority for its written approval. https://www.gov.uk/planning-inspectorate 12

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Land East of Church Road, Laverstock, Salisbury, SP1 1RB — Wiltshire Council — E Pickernell Appeal Decision APP/Y3940/W/25/3359108 21) Construction works shall take place only between 08:00 and 18:00 Monday to Friday, between 08:00 and 13:00 on Saturdays and shall not take place at any time on Sundays or on bank or Public Holidays. End of Schedule https://www.gov.uk/planning-inspectorate 13

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Green belt
Against appellant
¶11

The inspector considered that the appeal site was not a suitable location for housing, given the development plan policies for the area.

Living conditions
For appellant
¶30

The inspector found that the proposal would not adversely affect the integrity of protected habitats sites.

Flood risk
Neutral

The inspector noted that the Council's drainage advisors had concluded that the proposed development would not be at risk of flooding and would not result in flood risk elsewhere.

Ecology and biodiversity
For appellant
¶16

The inspector was satisfied that subject to the imposition of a condition requiring a deed of variation to the planning obligation to prevent grazing of the fallow land, the development would not have an adverse impact on the River Avon SAC.

Planning obligations
For appellant
¶37

The inspector was satisfied that the planning obligations were necessary to make the development acceptable in planning terms and were directly related to the development.

Policies relied on

Reference Weight
NPPF 208
Determinative
CP 1, 2 and 23 of the WCS and the NDP
Limited
Framework
Significant

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 13 pages, issued by the Planning Inspectorate on 10 October 2025 under the Open Government Licence.