Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA
West Northamptonshire — appeal allowed
- Outcome
- Allowed
- Decision date
- 19 March 2026
- Authority
- West Northamptonshire
- Inspector
- Normington S
- Procedure
- Inquiry
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Major dwellings
- Appellant
- Vulpes Ltd T/A Vulpes Land (Vulpes Land),Ashfield Land Developments Ltd & Davidsons Developments Ltd
- LPA reference
- WNS/2021/0492/EIA
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 24 June 2025
Summary AI
The appeal is allowed due to the proposed development's compliance with the Government's commitment to deliver more homes, its suitable and sustainable location, and the Council's inability to demonstrate a five-year housing land supply.
PDF text
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Inquiry held on 28 – 31 October 2025 Site visit made on 31 October 2025 by Stephen Normington BSc, DipTP, MRICS, MRTPI, FIHE, FIQ an Inspector appointed by the Secretary of State Decision date: 19 March 2026 Appeal Ref: APP/W2845/W/25/3367158 Land to the west of Brackley, Brackley, NN13 6FA The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for outline planning permission The appeal is made by Vulpes Ltd T/A Vulpes Land (Vulpes Land),Ashfield Land Developments Ltd & Davidsons Developments Ltd against West Northamptonshire Council. The application ref is WNS/2021/0492/EIA. The development proposed is outline permission, with access not reserved, for up to 700 residential dwellings, areas of public open space, a rugby pitch, landscaping, allotments, sustainable drainage and associated infrastructure. This decision is issued in accordance with section 56 (2) of the Planning and Compulsory Purchase Act 2004 as amended and supersedes that issued on 22 January 2026 Decision 1.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The appeal is allowed and outline planning permission is granted, with access not reserved, for up to 700 residential dwellings, areas of public open space, a rugby pitch, landscaping, allotments, sustainable drainage and associated infrastructure. at land to the west of Brackley, Brackley, NN13 6FA in accordance with the terms of the application, Ref WNS/2021/0492/EIA, subject to the conditions set out in the attached schedule in Annex E. Preliminary Matters 2. The application was submitted in outline with all matters reserved for subsequent approval except for two access points off the A422 and Hasle Road to be considered at this stage. Matters of appearance, landscaping, layout and scale are reserved for future consideration. 3. In addition to the detailed plans relating to the vehicular site access points, a number of plans were submitted with the application including a Parameters Plan, details of proposed footway/cycleway links on Halse Road, proposed drainage strategy, and proposed non-motorised road user improvements on Banbury Road.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision These are submitted for approval as part of the application to ensure that the detailed proposals have consistency with the parameters and details that have been assessed in this appeal. They have informed my consideration of the appeal accordingly. In addition, the application was accompanied by a Concept Masterplan. Whilst this shows indicative layouts of built development it also shows the location of land uses including proposed public open space, allotments, https://www.gov.uk/planning-inspectorate
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision These are submitted for approval as part of the application to ensure that the detailed proposals have consistency with the parameters and details that have been assessed in this appeal. They have informed my consideration of the appeal accordingly. In addition, the application was accompanied by a Concept Masterplan. Whilst this shows indicative layouts of built development it also shows the location of land uses including proposed public open space, allotments, https://www.gov.uk/planning-inspectorate
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 footpath and cycle routes, and landscaping areas. Both main parties agree that the development should also be carried out in general accordance with this plan. 4. Following the submission of the appeal, the planning application was presented to the Council’s Strategic Planning Committee meeting on 15 July 2025. The Committee accepted the recommendation in the Planning Officer’s Report1 that had the Council been in a position to determine the application a single putative reason for the refusal of planning permission would have been resolved. This related to an absence, at that time, of a completed agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (Section 106 Agreement) that would formally secure mitigations to offset the impacts of the development. 5. The Council’s Statement of Case2 confirms that should a Section 106 Agreement be agreed and completed then the putative reason would fall away. An Agreement was provided, signed and dated by the Appellants and the Council on 18 November 20253. The Council provided a Community Infrastructure Levy (CIL) Compliance Statement 4on 28 October 2025.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The Compliance Statement considered the obligations provided against the tests set out in regulation 122(2) of the Community Infrastructure Regulations 2010 (CIL Regulations) and concluded that the Council is satisfied that the planning obligations in the Section 106 Agreement are Regulation 122 compliant. The Council’s Opening Submissions5 confirm that an acceptable Section 106 Agreement has been entered into and that the Council’s putative reason for refusal fails away. I shall return to the Section 106 Agreement and its content later. 6. A Statement of Common Ground (Main SoCG)6 was provided and signed by the Council and the Appellant on 15 September 2025 and 16 September 2025 respectively. This identified that both parties agree that planning permission should be granted for the proposed development. The only matter of disagreement relates to the status of the development plan and whether it remains up to date in the context of the application of paragraph 11(d)(ii) of the National Planning Policy Framework (the Framework). 7. A SoCG relating to transportation matters signed by the Appellant and the Council in its capacity as highway authority (Transportation SoCG)7 was also provided dated 19 September 2025.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision This identified that there are no matters of disagreement between the two parties on transport or highways matters. 8. A SoCG relating to housing (Housing SoCG)8, signed by both main parties on 19 September 2025 was also provided. This identified a number of disputed matters that primarily relate to five year housing land supply with particular regard to the five year requirement and deliverable supply. I return to these matters later. 9. The application scheme constitutes Environmental Impact Assessment development, and the application was accompanied by an Environmental Statement (ES) prepared pursuant to the Town and Country Planning (Environmental Impact Assessment (EIA)) Regulations 2017 (as amended). An 1 CDG01 2 CDC08A 3 ID23 4 ID5 5 ID2 paragraph 4 6 CDC10 7 CDC12 8 CDC11 https://www.gov.uk/planning-inspectorate 2
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 ES addendum was also submitted in September 2024. This was subject to review by the Planning Inspectorate and found to be satisfactory in terms of Schedule 4 of the Regulations. Having taken into account the content of the ES, I am satisfied that it identifies the likely environmental effects arising from the appeal scheme. 10. Prior to my determination of this appeal, on 16 December 2025 the Government published a consultation National Planning Policy Framework: proposed reforms and other changes to the planning system. This sets out proposed reforms to the National Planning Policy Framework (the Framework) along with other changes to the planning system. The consultation was accompanied by a Written Ministerial Statement (WMS). The consultation draft Framework does not constitute Government policy or guidance as it may be subject to change before the final document is published. However, it may, along with the WMS, be treated as material considerations in the determination of appeals. 11. Both main parties were invited to comment on any implications arising from the consultation proposals. The Council provided comments on 23 December 2025.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision These set out that the Council considers that the consultation draft Framework should only be afforded limited weight at this time as the draft Framework could be subject to material change prior to formal publication later in 2026. Furthermore, the Council commented that the consultation draft Framework and WMS does not yet change the mechanism by which the decision on this appeal should be made (i.e. the Development Plan and the existing Framework), nor does it alter the Council’s case put forward in the Inquiry in relation to how that decision is reached. 12. The Appellant provided comments on 24 December 2025. These set out that for decision-taking, the new version of the Framework will take effect from the day it is published. Until that point, applications, and appeals must be determined with regard to the 2024 version of the Framework. On that basis, it has no weight and is not a material consideration for this appeal. With regard to the WMS, the Appellants are of the view that this reiterates that “England remains in the grip of a housing crisis that is both acute and entrenched…” and identifies (reiterates) that the Government are committed to delivering 1.5 million new homes in this Parliament.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision It goes on to identify that the proposed draft Framework changes are, “proposing new policies to boost housing land supply…” and are seeking to fully support ‘suitably located development’. 13. The Appellant contends that the proposed development accords with the Government’s commitment to deliver more homes to address the housing crisis, and it is in a suitable, sustainable location on the edge of an existing, established settlement, with access to shops, services, and means of transport other than the private car. It is therefore considered that the proposed development is in accordance with the WMS, being a suitable location for development. However, it is contended that the WMS does not suggest that the outcome of the appeal should be any different to what has been proposed by both the Appellants and the Council in their evidence. 14. I have taken into account the relevant provisions of the consultation draft Framework and the WMS in the determination of the appeal. Having regard to the comments provided by the main parties, I am satisfied that there are no material changes contained within the consultation draft Framework and WMS of https://www.gov.uk/planning-inspectorate 3
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 significant relevance to the substance of this appeal. Therefore, I am satisfied that no party to this appeal would be prejudiced by the potential changes to the national policy context. Main Issues 15. In light of the agreement between the parties that the appeal should be allowed, I consider the main issues to be: Whether the proposal would provide an appropriate site for development having regard to the development plan. Whether the Council can demonstrate a five year housing land supply and whether paragraph 11(d) of the Framework is engaged. Whether the proposed development would be sustainably located in relation to existing local facilities and whether adequate provision would be made for infrastructure requirements and opportunities for sustainable travel arising from the proposal. The overall planning balance and compliance with the Framework and development plan and whether any harms would significantly and demonstrably outweigh the benefits of the appeal scheme. Reasons The appeal site 16. The appeal site comprises approximately 35.12ha of agricultural land located to the immediate west of Brackley, south of Halse Road and north of the A422.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision It consists of six irregular fields, separated by a series of hedgerows. Existing residential development is located to the east of the site with an intervening linear strip of public open space which runs behind the gardens of the existing properties. Agricultural land is located to the north and west of the site. Brackley Rugby Club lies adjacent to the northeastern boundary of the site. 17. The site is located outside the defined settlement boundary of Brackley and is thus located within the open countryside. The Main SoCG identifies that the site does not contain any designated heritage assets nor does it contribute to the significance of any designated heritage assets in the surrounding area. In addition, the site is not covered by any statutory designations for nature conservation and no statutory designations for nature conservation are present within any zone of influence surrounding the site. The proposed development 18. The proposed development would deliver up to 700 residential dwellings, including up to 280 (40% of the final overall number) affordable homes. The proposed southern access for the site would be via a new arm on the A442/Banbury Road roundabout.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The northern access is proposed as a priority junction off Halse Road. The proposed access would change the priority of Halse Road so that the road would continue into the site and the existing northern section of Halse Road would form the minor arm of the junction. The appeal site would have a primary internal vehicular access road running north to south through it, connecting to the A422 in the south and Halse Road in the north. https://www.gov.uk/planning-inspectorate 4
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The northern access is proposed as a priority junction off Halse Road. The proposed access would change the priority of Halse Road so that the road would continue into the site and the existing northern section of Halse Road would form the minor arm of the junction. The appeal site would have a primary internal vehicular access road running north to south through it, connecting to the A422 in the south and Halse Road in the north. https://www.gov.uk/planning-inspectorate 4
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 19. The proposals include provision for approximately 1.54ha of land to be constructed as a full size rugby union pitch which is proposed to be made available to the Brackley Rugby Union Football Club. In addition, approximately 0.5ha would comprise an allotment facility with an overall total of approximately 10.57ha of public open space being provided within the site. 20. A public right of way (PRoW) crosses the appeal site in an east-west alignment which would be retained and enhanced. New pedestrian connections are proposed on the site’s eastern boundary using the links already reserved by the previous development. Whether the proposal would provide an appropriate site for development having regard to the development plan 21. On 1 April 2021, West Northamptonshire Council was formed from the amalgamation of Daventry District Council, Northampton Borough Council and South Northamptonshire District Council.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Prior to this, the West Northamptonshire Joint Planning Unit, established in 2008, had prepared the West Northamptonshire Joint Core Strategy Local Plan (Part 1) (WNJCS) on behalf of the three councils, to set out the long-term vision and objectives for the whole of the West Northamptonshire area up to 2029, including strategic policies for steering and shaping development. The development plans of the previous local planning authorities were carried forward to the new Council. The appeal therefore falls to be considered with reference to the policies set out in the plans adopted by the former South Northamptonshire District Council. 22. As such the development plan comprises the following: • West Northamptonshire Joint Core Strategy Local Plan (Part 1) (2024)9. • South Northamptonshire Part 2 Local Plan 2011-2029 (2020) (LPP2)10. 23. The development plan also includes the Northamptonshire Minerals and Waste Local Plan (2016). However, both main parties agree that there are no policies contained within this plan which are relevant to the determination of this appeal. 24. The new West Northamptonshire Local Plan will replace the WNJCS and LPP2.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision However, this plan is in a relatively early stage of preparation with consultation pursuant to Regulation 18 of the Town and Country Planning (Local Plan) (England) Regulations 2012 to commence in late 2025/early 2026. Neither party referred to any policies contained within the emerging plan in substantive evidence presented to the Inquiry. In accordance with the provisions of paragraph 49 of the Framework, I have attached little weight to the policies contained within the emerging plan. 25. Policy S1 of the WNJCS provides a hierarchical approach to the distribution of development in West Northamptonshire. The policy identifies Brackley is a Rural Service Centre which is third in the spatial hierarchy tiering being below Northampton and Daventry. Policy B1 (Spatial Strategy for Brackley) states, amongst other things, that the role of Brackley as a Rural Service Centre will be supported and enhanced by housing development within the existing urban area. 9 CD D03 10 CD D04 https://www.gov.uk/planning-inspectorate 5
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 26. Policy SS1 (Settlement Hierarchy) of LPP2 reiterates the WNJCS spatial hierarchy and states that new development should be within defined settlement confines. Policy LH1 (Residential Development Inside and Outside Settlement Confines) of LPP2 reiterates the principles of housing development being acceptable inside settlement confines. The policy further states that development outside settlement confines is considered to be in the open countryside and will not be acceptable unless it relates to a number of exception criteria. None of the exception criteria are applicable to the appeal site. 27. While the appeal site is adjacent to a Rural Service Centre, it lies outside of it and would be in the open countryside. Consequently, the proposed development would not be in a suitable location for housing having regard to development plan policy. As such, the proposal would be contrary to Policies S1 and B1 of the WNJCS and Policies SS1 and LH1 of LPP2. Whether the Council can demonstrate a five year housing land supply and whether paragraph 11 (d) of the Framework is engaged 28.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Policy S3 of the WNJCS identifies a housing requirement for West Northamptonshire of 42,620 homes over the period 2011-2029, equating to 2,368 homes per annum. Within that overall requirement, Policy S3 of the WNJCS identified a requirement for 11,020 homes in South Northamptonshire (as was at that time), including about 23,160 homes at Brackley. 29. Both the WNJCS and LPP2 were adopted more than five years ago and have not been subject to an up to date review. The Council’s Officer Report to Strategic Planning Committee identified that following the introduction of the new standard methodology in the 2024 version of the Framework there is now a need for significantly more homes than that provided for by the adopted policies. The policies of the development plan were designed to provide for 2,368 homes per annum across West Northamptonshire whereas the Appellants identify that there is now a local housing need, identified by the standard methodology, for a minimum 2,528 homes per annum (excluding the addition of any buffer)11. 30.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Paragraph 5.27 of the supporting text of the WNJCS explains that Northampton Borough was unable to meet its identified objectively assessed need within its administrative boundaries and as such a Northampton Related Development Area (NRDA) was identified which encompassed parts of Daventry and South Northamptonshire. The purpose of the NRDA was to address the unmet needs of Northampton Borough and deliver development within and as close to Northampton as possible. 31. As a result, the WNJCS identifies a series of sub-areas comprising the NRDA which covers the entirety of Northampton Borough as well as specific allocations within South Northamptonshire and Daventry. The remainder of South Northamptonshire is referred to as South Northamptonshire (excluding NRDA), and the remainder of Daventry is referred to as Daventry (excluding NRDA). 32. The Council published the latest Housing Land Supply Assessment in April 202512. This report, for the first time, provided a single housing land supply figure for the whole of West Northamptonshire (rather than the separate sub-areas). 11 Proof of Evidence Neil Tilley 12 CD D15 – D18 https://www.gov.uk/planning-inspectorate 6
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 The Assessment is based on the Local Housing Need (LHN) and confirms that the Council can demonstrate a 5.5 years supply of housing land. The Housing SoCG provides a revision to this figure, after taking into account comments made by the Appellants, and identifies that 5.34 years supply can be demonstrated for West Northamptonshire. The Assessment does not provide any calculation of five year housing land supply (five year HLS) for South Northamptonshire (excluding the NRDA). 33. The Housing SoCG identifies that the Appellants consider the five year HLS for the West Northamptonshire area to be 3.73 years. The Council considers that the five year HLS for West Northamptonshire is 5.34 years. The Appellants have also calculated the supply for South Northamptonshire (excluding the NRDA) to be 3.74 years. 34. There are three main areas of disagreement between the parties that give rise to the differences in five year HLS. These relate to the area of assessment, the calculation of local housing need and the deliverable supply. I consider each of these matters below. The area of assessment 35.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Planning Practice Guidance (PPG)13 sets out that “Areas which have a joint plan have the option to monitor their 5 year housing land supply and have the Housing Delivery Test applied over the whole of the joint planning area or on a single authority basis. The approach to using individual or combined housing requirement figures will be established through the plan-making process and will need to be set out in the strategic policies.” It further states that “Where the 5 year housing land supply is to be measured on a single authority basis, annual housing requirement figures for the joint planning area will need to be apportioned to each area in the plan. If the area is monitored jointly, any policy consequences of under-delivery or lack of 5 year housing land supply will also apply jointly.” 36. The WNJCS was adopted on the basis that the five year HLS position would be calculated separately for each sub-area. As such, the development plan assumes that the five year HLS would be assessed for South Northamptonshire (excluding the NRDA). 37. The PPG also indicates that the housing land supply position should continue to be assessed in accordance with the development plan following Local Government reorganisation14.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision It advises that where strategic housing requirement policies, covering the predecessor authority area, are older than five years and require updating, local housing need should be used, where this is available. Where the data required to calculate local housing need is not available an alternative approach will have to be used. 38. There is dispute between the main parties regarding the current approach to the calculation of local housing need. The Council consider that as the standard method local housing need data is now only available for West Northamptonshire as a whole, then that is the correct area of assessment. By contrast, the Appellants consider that the sub-area approach is still required to be used, in 13 Paragraph: 019 Reference ID: 68-028-20240205 14 Paragraph: 016 Reference ID: 68-025-20190722 https://www.gov.uk/planning-inspectorate 7
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 accordance with the advice in the PPG, and have calculated housing supply on that basis. 39. I have carefully considered the respective positions of both parties regarding this matter. In this regard, I agree with the Appellants that housing land supply considerations provide an indication of whether or not the spatial strategy of the development plan is being effective in meeting housing needs. In order to fulfil this purpose it would be appropriate to assess the supply in accordance with the adopted spatial strategy for South Northamptonshire (excluding the NRDA) sub- area which forms the key basis for the spatial strategy set out in the WNJCS. 40. If supply was assessed on the wider area of West Northamptonshire then this could lead to a position where the spatial strategy of the development plan becomes undermined. In particular, it would not be possible to assess the currency of policies in South Northamptonshire as this would also be based on the performance of different policies in Daventry and Northampton.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision This approach could potentially result in an unsustainable distribution of growth across West Northamptonshire contrary to the provisions of the spatial strategies of the relevant sub-areas. Furthermore, it would not be possible to assess whether or not the spatial distribution required by Policies S2, S3, S4 and S5 of the JCS is being achieved. 41. I have taken into account the appeal decision in the ‘Flore’15 case. However, I accept the Appellants’ view that this decision is not determinative in this case, particularly as I have no evidence regarding the extent to which the area of assessment was disputed between the parties. The decision, on reasonable reading, would suggest that there was no dispute between the main parties regarding the use of the West Northamptonshire area as the basis of the assessment area to calculate local housing need. Therefore, I have no evidence to indicate the extent to which this matter was argued in the Flore case which is very different to the circumstances in this appeal where there is a clear difference in the views of the main parties regarding the assessment area. 42.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision In calculating the five years HLS the Council has aggregated the housing land supply situations across each former local planning authority area which now comprise the West Northamptonshire area. The Appellants’ approach is to focus on the individual development plan area. As planning applications and appeals must be determined in accordance with the development plan unless material considerations indicate otherwise, I consider that the Appellants’ approach is the correct one and would be consistent with the provisions of the PPG. Local housing need 43. The Housing SoCG confirms that both main parties agree that it is appropriate to consider HLS over the period 1 April 2025 to 31 Match 2030 for the purposes of this appeal. Furthermore, as the strategic policies contained within the development plan are more than five years old, the deliverable supply should be assessed against the LHN in accordance with paragraph 78 of the Framework. 44. The unchallenged evidence of the Appellants is that the five year LHN requirement for the South Northamptonshire sub area (excluding the NRDA), 15 CD E04 https://www.gov.uk/planning-inspectorate 8
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 including a 5% buffer, is 2,462 dwellings. The Council provided no evidence of LHN for the South Northamptonshire (excluding the NRDA) sub-area. 45. With regard to the calculation for West Northamptonshire, there is dispute between the parties regarding one of the inputs into the LHN calculation. The Appellants use the most recent affordability ratios showing the position for 2024, published in March 2025 and the most recent housing stock information, also reflecting the position in 2024 and published in May 2025. The Council uses the same affordability ratios but uses housing stock information reflecting the position in 2023. The Appellants’ calculation of LHN for West Northamptonshire over five years, including a 5% buffer, is 13,273 homes. The Council’s calculation is 13,141 homes. 46. The PPG Housing and Economic Needs Assessment section states that the standard method is to be calculated using the most recent data published at the time. In this context, I consider that the Appellants have adopted the correct approach in the calculation of LHN.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision If LHN were to be calculated in accordance with national guidance, there is some degree of agreement between the parties that the requirement for West Northamptonshire is 13,273 dwellings over five years. The LHN now exceeds that identified in the WNJCS. Deliverable supply 47. There is dispute regarding the supply figures associated with a number of the sites that the Council has relied on in the calculation of five year HLS. The Housing SoCG includes a Scott Schedule of sites that the Council considers will be deliverable to contribute to the five year HLS. The Scott Schedule identifies the position of each main party regarding deliverability. Those sites where there was a difference of 50 units or more were discussed in detail in the Inquiry. I have considered the respective positions of both main parties regarding those sites where dispute remains in coming to my own conclusions as set out below. 48. The Glossary of the Framework defines deliverable housing sites as those which are available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision It also sets out that sites with outline planning permission for major development, allocated sites, sites with a grant of permission in principle and sites identified on a brownfield land register should only be considered deliverable where there is clear evidence that housing completions will begin on site within five years. 49. I have considered the deliverability of those contested sites that were discussed in the Housing Round Table Session as follows: 50. Northampton Railway Station Car Park – This site is subject to an undetermined hybrid planning application including a full application to deliver a multi-storey car park and improvements to the public realm as Phase 1 and an outline application to then deliver a six-storey residential block of 280 apartments and hotel. The SoCG relied upon by the Council was signed by the landowner and not a developer who may have more experience in providing realistic information on the time it takes to deliver residential development of this nature. Furthermore, there is no evidence that a developer has been secured.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Due to the steps that would need to follow after the granting of outline permission to construct the apartment block it is unlikely that completions could be achieved within the next five years. https://www.gov.uk/planning-inspectorate 9
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Due to the steps that would need to follow after the granting of outline permission to construct the apartment block it is unlikely that completions could be achieved within the next five years. https://www.gov.uk/planning-inspectorate 9
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 In the absence of any other clear evidence of deliverability, I can only conclude that 280 homes should be removed from the supply. 51. Northampton Railway Station Rail Freight – Although the Council suggest that it has entered into a SoCG that suggest that proposals are being prepared with an intention to commence delivery within the next five years, the site is currently in use as a rail freight depot. Furthermore, no planning application for residential development has been submitted. As such, the site is not available now and I find there to be no clear evidence of delivery within the five year period. Consequently, I consider that 186 homes should be removed from the supply. 52. University of Northampton Avenue Campus – The Council accepts that the permitted schemes for this site are no longer viable. In order to progress a revised scheme there would likely be a need for land disposals, an infrastructure contract, new electricity supply to be secured, and a new planning application. Against this background, there is no clear evidence that housing completions will begin on site within five years. Consequently, I consider that 170 homes should be removed from the supply. 53.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision N4 Northampton West Phase 5 – hybrid – This site is subject to a hybrid planning application including a full application for 100 homes and an outline application for 350 homes. This application was undetermined at the time of the Inquiry. The Appellants suggest that the 100 homes subject to the full application are deliverable. In this case the applicant is also one of the appellants in the appeal scheme. A SoCG signed in May 2025 suggest the delivery of 200 homes in the next five years. However, the Appellants identify that there is an obvious error in the SoCG in that it anticipated house building commencing in the same quarter as the approval of the hybrid application and prior to ground works and initial infrastructure being delivered. Owing to delays with the determination of the application the developer now considers that no homes will be delivered from the outline application within the next five years. Consequently, I consider that 100 homes should be removed from the supply. 54. Norwood Farm/Upton Farm – this is an allocated site with development coming forward in two distinct schemes.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The Norwood Farm site has outline planning permission for 1,900 homes with several reserved matters applications being approved which the Appellants consider would contribute 779 homes to the deliverable supply. The Council suggest that the site delivered 234 dwellings in 2024. 55. The Upton Farm site is subject to an undetermined outline planning application for up to 1,400 dwellings which was resolved to be granted planning permission in 2021 subject to the completion of a Section 106 Agreement. Although the Council suggests that the Section 106 Agreement is close to being signed, I have no conclusive evidence to support this. In addition, I have no evidence to suggest that a developer has been secured. In my view, this site cannot reasonably be considered as being deliverable. 56. The Council suggests that 1,476 homes would be delivered on this allocation in the next five years at an average of 295 per annum. Giving my findings regarding the Upton Farm site, this figure is not realistic. The Council suggests that the Norwood Farm site delivered 234 homes in 2024. As set out above, the Appellants suggest that this delivery rate would not be sustained and an average https://www.gov.uk/planning-inspectorate 10
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 of 156 completions per annum would be more appropriate based on the content of the Start and Finish Report16 which suggest that typically a site of this size would deliver between 100 and 188 homes per annum. Consequently, the Appellants suggest that the delivery of 779 homes would be more realistic over the next five years. 57. I recognise that the assessment of future delivery rates is not a precise science and can fluctuate annually. In this case both main parties have identified the evidence base on which they seek to rely to inform annual delivery and it is not possible to come to any firm conclusion on which may be more appropriate. For the purposes of this appeal in relation to this site, I have therefore used the upper figure of 188 dwellings as set out in the Start and Finish Report. Consequently, 539 homes should be removed from the supply. 58. East of Wooton Fields – This site is proposed as an allocation in the emerging West Northamptonshire Local Plan. Sites within emerging local plans are not identified in the PPG as being suitable for consideration as being deliverable.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision I accept that outline planning applications have been submitted and that the Council has entered into a SoCG with the promoter, albeit not a developer which reduces the weight that I attach regarding completion timescales. This site also lies within the open countryside. In my view, there is insufficient compelling evidence to suggest that this site would be delivering dwellings within the next five years, notwithstanding the fact that it does not fall within the definition of available and offer a suitable location for development now. Consequently, 150 homes should be deducted from the supply. 59. Daventry Northeast – The Council considers that this site would deliver 400 homes over the next five years. However, the site would be delivered by Davidsons Developments Limited, also one of the Appellants in this appeal, who have confirmed that the site will deliver fewer homes than estimated by the SoCG (signed in May 2025) that the Council relies upon. This is identified as being a consequence of the Local Education Authority requesting revisions to the scheme which would necessitate the production of revised viability assessments and an Addendum to the ES.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The developer has advised that completions would not be achieved until 2029/30. Consequently, I consider that 350 homes should be removed from the supply. 60. Land at Welton Road, Daventry – Planning permission was granted in 2017 for an 85-bed care home and 40 apartments. The parties agree that the 85-bed care home provides for an equivalent of 46 homes and therefore the development would provide for 86 homes overall. Condition 1 of the permission required commencement within 3 years, by March 2020. None of the pre-commencement conditions have been discharged and there is no evidence of any substantive progress towards delivery since outline planning permission was granted in 2017. Consequently, on the basis of the evidence presented in this appeal, I consider that the planning permission has likely expired and 86 homes should be deducted from the supply. 61. North and west of Town Centre, Daventry – This is an allocated site but no planning application has been submitted and there is no evidence to suggest that 16 CD H03 https://www.gov.uk/planning-inspectorate 11
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 any completions would be achieved within five years. Therefore, 60 homes should be deducted from the supply. 62. There are smaller sites in the disputed list which would make little difference to the overall calculation of five year supply. I make no adjustment to those sites. 63. Taking into account my findings in respect of just nine of the disputed sites, as set out above it is my view that the total supply, based on the evidence submitted and discussed at the Inquiry, should be discounted by 1,921 homes. 64. The above recognises that the prediction of supply is not a precise science, and I accept that each party has produced its best evidence on a difficult topic. However, the Appellants’ evidence is to be preferred here in the main, especially in light of the stringent requirements set out to demonstrate deliverability, and the lack of evidence which the Council was able to produce on specific sites. Conclusion - Five year housing land supply 65. At the close of the Inquiry the Council’s position, based on the whole of West Northamptonshire, was that there would be 5.29 years supply and a surplus of 768 homes.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision This is based on a five year LHN requirement (including 5% buffer) of 13,141 and a deliverable supply of 13,90917. 66. For the same area, the Appellants consider the supply to be 3.84 years with a shortfall of 3,071 homes. This is based on a on a five year LHN requirement (including 5% buffer) of 13,273 and a deliverable supply of 10,202. For South Northamptonshire (excluding the NRDA) the Appellant identifies 3.89 years supply and a shortfall of 547 homes. 67. Notwithstanding my view that the five year housing land supply should be calculated on the basis of the South Northamptonshire (excluding the NRDA) sub- area, even if I were to apply the above reduction of 1,921 dwellings to the West Northamptonshire area and utilise the Council’ LHN position, a five year supply would still not be able to be demonstrated. Based on the Council’s five year requirement (including 5% buffer) of 13,141, the deliverable supply would be 11,988. This would result in a shortfall of 1,153 homes and a supply of 4.56 years. 68. Regardless of the area of assessment, the Council is unable to demonstrate a five year housing land supply. There were other sites whose deliverability was challenged by the Appellants.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision However, these are generally smaller sites so would have only a minimal effect on supply. On this basis, and even if I were to consider all the other disputed sites were deliverable, the Council would fail to be able to demonstrate a five year’s supply of housing land on any of the above calculation basis. Accordingly, this engages the ‘tilted’ balance set out in paragraph 11(d) of the Framework and the most important policies for determining this appeal should therefore be deemed out of date. Sustainable location and travel 69. The Transportation SoCG confirms that there is no disagreement between the main parties that the appeal site is sustainable in terms of general location and that the proposed access points for the appeal scheme would be appropriate in 17 Appellants Closing Submissions https://www.gov.uk/planning-inspectorate 12
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 terms of safety and operation of the local highway network and would be well integrated into the existing infrastructure. 70. The appeal site is immediately adjacent to the settlement boundary and in a sustainable location adjacent to Brackley which is a rural service centre and is an acceptable location for accommodating growth as established in the development plan. The Appellants’ Technical Note on Transportation Matters18 and the Transportation SoCG set out a range of measures that would either be incorporated into the detailed design or secured by the proposed planning obligations that would offer opportunity to access local facilities by means other than the car. 71. The proposed walking and cycling strategy includes: • Enhancement of the existing public right of way link that runs through the middle of the site along an east-west alignment, linking with existing housing to the east. • New pedestrian/cycleway access point to link with Harris Close. • Second new pedestrian access point to link with existing green space provision to the north of Rose Drive. • Connection through to the existing footpath on Prices Way.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision • A 3m wide footway/cycleway along both sides of the carriageway of the proposed additional fourth arm of the A422 roundabout. 72. Table 4.1 of the Transport Assessment19 sets out the distances and approximate walking and cycling times from the site to local facilities. This demonstrates that the site is located within walking or cycling distance of a range of facilities and amenities which may be required by residents on a daily and weekly basis. It further identifies that all of Brackley is within a reasonable cycling distance from the approximate centre of the site. 73. There are several bus stops in proximity of the site and a financial contribution of £1,000 per dwelling is proposed within the Section 106 Agreement towards public transport provision which the Planning Officer’s Committee Report suggests that this would provide a bus route within the site. Conditions are also proposed to require the provision of two pairs of new bus stops within the site or on the A422 or Banbury Road in close proximity to the site's southern boundary.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision A Framework Travel Plan (FTP) was submitted which sets out preliminary targets for travel to and from the development by all modes of transport, along with initiatives and measures to support these targets. 74. Overall, I am satisfied that the appeal site would be sustainably located and has been designed to reduce the reliance on the private car and would provide a real choice of transport modes. Consequently, the proposal would accord with the provisions of paragraph 115 of the Framework and there would be no conflict with Policy C2 of the WNJCS. 18 Proof of Evidence Sarah Butterfield (Appendix 2) sets 19 CD A35R https://www.gov.uk/planning-inspectorate 13
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision A Framework Travel Plan (FTP) was submitted which sets out preliminary targets for travel to and from the development by all modes of transport, along with initiatives and measures to support these targets. 74. Overall, I am satisfied that the appeal site would be sustainably located and has been designed to reduce the reliance on the private car and would provide a real choice of transport modes. Consequently, the proposal would accord with the provisions of paragraph 115 of the Framework and there would be no conflict with Policy C2 of the WNJCS. 18 Proof of Evidence Sarah Butterfield (Appendix 2) sets 19 CD A35R https://www.gov.uk/planning-inspectorate 13
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 Other Matters Age of the development plan 75. Regardless of my conclusions on HLS, the Appellants also contend that the most important policies for determining this appeal are out of date for a number of reasons. These include a failure to carry out a review of the development plan within 5 years of its adoption, contrary to the requirements of Regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012; and/or inconsistency with the policies within the Framework; and/or the significant increase in housing need following the adoption of the standard method; and/or the Council’s decision to assess housing land supply on an aggregated West Northamptonshire basis contrary to the development plan; and/or the Council’s agreement that planning permission ought to be granted in this case. 76. Giving my findings above that the lack of five year HLS engages paragraph 11(d) of the Framework, it is not necessary for me to consider this matter in any detail. A review of the WNJCS was undertaken in December 2019. LPP2 was adopted in July 2020 but has also not been subject to any review.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The Council agrees that the WNJCS has not been reviewed in the last five years in accordance with paragraph 34 of the Framework20 and that the LHN under the standard method is significantly in excess of the figure in the WNJCS21. The Council’s closing submissions also identify that the overarching sustainability policy (Policy SA) of the WNJCS is no longer consistent with the Framework22, albeit there is dispute between the parties regarding the extent to which this policy was considered to comprise one of the most important policies for the determination of this appeal. 77. I have set out above my views regarding the calculation of HLS across the whole of West Northamptonshire and the subsequent disaggregation of this approach with the sub-area policies contained within the WNJCS. I also recognise that there is some merit in the Appellant’s view that the Council’s agreement that planning permission ought to be granted in this case for significant development outside of the settlement boundaries has a relationship with the ability to meet current housing needs within those boundaries. This in itself is indicative of important policies in the development plan being out of date. 78.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Although there is no need for me to consider the above matters further, they do reinforce my view that the most important policies for determining this appeal should be deemed out of date. Character and appearance 79. While not a matter of dispute between the main parties, there would be some loss of the open landscape character attributes of the site as the proposal would involve the incursion of up to 700 dwellings and associated infrastructure on the undeveloped fields. This would cause an urbanising effect and would result in some loss of the site’s existing greenfield and countryside landscape character. 80. In terms of mitigation, the existing field boundaries across the site and on the periphery would be largely retained with buffer areas to create green corridors along these areas. A new strip of woodland planting is proposed along the north 20 Main SoCG 21 Housing SoCG 22 Paragraph 38 Council Closing Submissions https://www.gov.uk/planning-inspectorate 14
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 western site boundary to create a landscaping screen to an otherwise relatively open site boundary. Additional tree planting and other landscaping to open space would be provided. These mitigating measures would assist in ensuring that the landscape character would not be unduly impacted. 81. The ES Landscape and Visual Impact Assessment (LVIA)23 identifies that significant visual effects resulting from the proposed development would be predominantly limited to three visual receptors comprising residents at properties directly adjacent to the site (winter months only), users of the PRoW running through the centre of the site, and users of a PRoW with unobstructed views over the southern half of the site. 82. The site is well enclosed by existing hedgerows and trees. The northern half of the site is relatively flat with the southern half gently sloping to the south. The southern boundary of the site is formed of relatively tall trees on a raised embankment which was formerly a railway line and lies between the site and the A442. Given the degree of this existing screening and containment provided by the A442, wider views of the site from the surrounding countryside are limited.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Furthermore, the proposed development would be viewed in the context of the existing residential development to the east of the site. While the application is in outline form, the Parameter Plans and Concept Masterplan provide some assurance over green infrastructure provision to mitigate the landscape and visual effects of the proposal. 83. The LVIA concludes that the significant effects identified on the landscape character of the site are localised and limited to the landscape within the application boundary only. From my observations at the site visit I agree with this conclusion. This level of effect is largely unavoidable when a development such as a new residential scheme is introduced to a greenfield site. 84. In terms of visual effects, the impacts within the site would be significant particularly for the users of the PRoW. However, beyond the site boundaries the visual effects would be largely mitigated. Where longer distance views of the appeal site are possible from the south, such views are not of the whole site due to existing topography and vegetation. In any event, such views are in the context of the existing urban form of Brackley. 85.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Overall, there would be some moderate adverse harm to the character and appearance of the area but this would be localised and limited. Consequently, there would be a degree of conflict with Policies S10 and BN5 of the WNJCS. However, this conflict does need to be considered in the overall planning balance. Archaeology and heritage 86. The site does not affect the setting of any designated or non-designated heritage assets. The Council’s heritage officer raised no objection to the proposed development. 87. The closest designated heritage assets are in the Brackley Conservation Area, located approximately 1km south-east of the site. However, there is substantial existing development between the conservation area and the appeal site. As such, there would be no intervisibility between the application site and the 23 CD A09H and CD A35E https://www.gov.uk/planning-inspectorate 15
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 conservation area. Consequently, the proposed development would not result in harm to the character, appearance or setting of the Brackley Conservation Area. 88. The Council’s archaeological officer identified that archaeological works around the northern side of the town have identified extensive areas of Iron Age settlement and related activities, and the geophysical survey and trial trenching on the appeal site have shown that similar activity is present here. The area of archaeological interest is relatively small and lies towards the southern end of the site. Consequently, the archaeological officer has requested that no development within the area of archaeological interests occurs until a full excavation of the area is undertaken. This matter can be suitably secured via a planning condition (condition No. 14). Subject to the imposition of the condition there would be no conflict with Policy BN5 of the WNJCS or Policy HE2 of LPP2. Flood risk 89. Representatives of the Brackley and District Angling Club raised concerns that the proposal could exacerbate the risk of flooding to St James' Lake, located to the south of the proposed development.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision It is suggested that the lake was constructed in 1976 as a balancing pool, designed to regulate flow into the Hinton Stream, and is now subject to periodic flooding alleged to be as a consequence of recent development in the locality. 90. The site lies fully within Flood Zone 1 (lowest risk of flooding). The ES and Flood Risk Assessment submitted with the application concludes that the site is at low (negligible) risk of flooding from all sources assessed, or possibly minor beneficial when considering the specified mitigation measures. 91. The Lead Local Flood Authority (LLFA) has identified that no sequential assessment is required on flood risk matters. Whilst the southern access point runs through an area at risk of surface water flooding there would be no built development form in the area of risk. To further mitigate risk, it is proposed that the land either side of the highway is lowered to create compensatory storage and would be hydraulically connected with a culvert under the highway. This would ensure that the development is not at risk of pluvial flooding and does not increase flood risk off-site. 92.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision An outline drainage strategy has been proposed which splits the site into six sub- catchments, each of which would be managed by above ground storage ponds. The ponds would be positioned within the low point of each parcel to ensure water is drained by gravity, thus mimicking the existing drainage regime. The outline drainage strategy ensures that surface water runoff from the proposed development would be restricted to the equivalent greenfield runoff rate up to the 1 in 100-year event + 40% allowance for climate change. The restricted runoff rate would therefore ensure no increased rate of release to the surface water outfall. 93. The submitted evidence suggest that the appropriate management of surface water would ensure that the proposed development has a negligible effect on flood risk. In addition, the use of Sustainable Drainage Systems and above ground storage would also provide treatment to surface water runoff and therefore the effect of the proposed development on surface water quality and groundwater receptors would be minor beneficial. There is no objection from the Environment https://www.gov.uk/planning-inspectorate 16
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 Agency. Although the LLFA require further information of the detailed drainage system design, this can be secured by a planning condition. 94. In the absence of any other technical evidence to the contrary, I am satisfied that there are no substantive reasons to suggest that the proposed drainage scheme would be inadequate. Whilst I have some sympathy with the concerns of the Angling Club, these primarily appear to relate to the maintenance arrangements associated with the adjoining stream as opposed to any demonstrable evidence that the appeal scheme would exacerbate flood risk. Consequently, there would be no conflict with Policies BN7 and BN7A of the WNJCS. Other matters 95. The evidence of both parties refers to other appeal decisions, including a decision concerning proposed development in West Northamptonshire. Those in other areas would have been the subject of different development plan policies compared to the appeal before me. Moreover, I am not familiar with the full circumstances of any of those cases. While I am mindful of the importance of consistency in appeal decision making, it is also important that each decision is made on its individual merits.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Although I have taken all of the other appeal decisions into account, I have assessed and determined this appeal on the basis of the evidence before me in the relevant policy context. Having done so, I do not consider that any of the appeal decisions would have altered the outcome of this appeal. 96. In addition to the main issues and the other foregoing matters, concern was expressed, including by those who spoke at the Inquiry, in respect to a number of other considerations. These include, amongst other things, the effect of the proposed development on highway safety and congestion, the capacity of local schools and infrastructure to accommodate the additional residents, and that a development of this scale should be considered through the development plan process. Some of these matters are addressed by means of the financial contributions provided by the obligations contained within the Section 106 Agreement and considered below. 97. Many of these matters are largely identified and considered within the Council Officer’s Report on the appeal scheme and did not form the basis of the Council’s putative reason for the refusal of planning permission.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Although they have been carefully noted, they do not alter the main issues which have been identified as the basis for the determination of this appeal, particularly in circumstances where the Council has not objected to the appeal scheme for these other reasons. I have been provided with no substantive evidence which would prompt me to disagree with the Council’s conclusions in these respects subject to the imposition of planning conditions as discussed below. Planning Obligation 98. The Appellants have submitted an Agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended). This includes a number of obligations that would come into effect if planning permission were granted. These obligations would secure the following: • Affordable housing: 40% of units to be affordable, with a tenure split of 70% social/affordable rent, 30% low-cost home ownership (shared ownership). https://www.gov.uk/planning-inspectorate 17
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 • Primary Healthcare: Financial contribution of £794,160 towards the provision of primary care-led facilities and associated infrastructure within the local Primary Care Network. • Primary Education: Financial contribution based on final housing mix with fees allocated for each housing unit relevant to dwelling bedroom numbers. • Secondary Education: Financial contribution based on final housing mix with fees allocated for each housing unit relevant to dwelling bedroom numbers. • Early Years: Financial contribution based on final housing mix with fees allocated for each housing unit relevant to dwelling bedroom numbers. • Special Educational Needs and Disabilities (SEND): Financial contribution of £1,253.63 for each dwelling permitted by a Reserved Matters Approved up to a maximum sum of £877,544. • Libraries: Financial contribution, based on final housing mix with fees allocated for each housing unit relevant to dwelling bedroom numbers, towards the provision or enhancement and/or expansion of library capacity facilities. • Public Transport: Financial contribution of £1,000 per dwelling towards bus service provision.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision • Refuse and Recycling: Financial contribution of £70 per dwelling for wheelie bin provision in relation to each of the dwellings. • Public open space: To provide required amounts (minimums) at reserved matters stage, and provisions for its long term ownership/maintenance (including a financial contribution for on-going maintenance if the open space is transferred to Brackley Town Council). • Allotments: To provide a parcel or parcels of land within the site, up to a maximum of 0.5 hectares, to secure the provision of an allotment facility. The approximate locations are shown on the Concept Masterplan. The provisions require the land to be prepared for use as an allotment facility with the freehold transfer thereafter to the Brackley and District Allotment and Garden Holders’ Association Limited. • Rugby Club land: requires the provision of a minimum of 1.54ha of land within the site immediately to the west of the existing rugby club with provision made for one full-size adult grass rugby pitch (including land profiling, installation of drainage, seeding, and the provision of 2m tall green weld mesh perimeter security fencing).
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The obligation also includes provision for the offer of the freehold transfer of the land to Brackley Rugby Union Football Club. • Off-site indoor sports facilities and artificial grass pitches (AGP): Financial contribution of £955.10 for each dwelling permitted by a Reserved Matters Approval up to a maximum of £668,567 towards indoor sports facilities within the local area. https://www.gov.uk/planning-inspectorate 18
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The obligation also includes provision for the offer of the freehold transfer of the land to Brackley Rugby Union Football Club. • Off-site indoor sports facilities and artificial grass pitches (AGP): Financial contribution of £955.10 for each dwelling permitted by a Reserved Matters Approval up to a maximum of £668,567 towards indoor sports facilities within the local area. https://www.gov.uk/planning-inspectorate 18
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 • Travel Plan: implementation and a financial contribution of £5,000 to be used by the Council for the purposes of monitoring compliance with the approved Travel Plan. • Biodiversity Net Gain: Includes provisions for delivery, on-going management and a financial contribution of £9,000 to cover the Council’s monitoring costs to ensure compliance with the Biodiversity Gain Plan and Habitat Management and Monitoring Plan. • Section 106 Monitoring Costs: Financial Contribution of £5,000 towards the Council's costs of monitoring and enforcing the obligations contained within the Section 106 Agreement. 99. The above obligations are not in dispute. The CIL Compliance Statement addresses the statutory requirements to the planning obligations contained within the Section 106 Agreement and sets out the relevant planning policy support and justification. 100. At the Inquiry, no party suggested that any of the obligations would not comply with the relevant tests. I am satisfied that the obligations are necessary, directly related to the proposal and are fair and reasonable in scale and kind to the appeal scheme and are necessary to make the development acceptable in planning terms.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision As a result, the obligations are Regulation 122 compliant. 101. The above provisions of the Section 106 Agreement are consistent with the required Heads of Terms as identified as being necessary in the Officer Report to Strategic Planning Committee. As such, they address the matters identified in the Council’s putative reason for the refusal of planning permission. Consequently, I have taken them into account in my determination of this appeal. Planning Balance 102. The proposal would contravene adopted development policies for the control of development in the countryside outside development boundaries. However, as a result of the Council being unable to demonstrate an adequate supply of housing land the tilted balance pursuant to paragraph 11(d) of the Framework is engaged. This means that development plan policies of greatest importance for the determination of this appeal are deemed to be out of date as they would not provide for a sufficient supply of housing.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision In particular Policies S1 and B1 of the WNJCS and Policies SS1 and LH1 of LPP2 are out of date, in so far as they relate to settlement boundaries, as there is a lack of evidence that sufficient housing to meet the identified local housing need could be provided within the adopted boundaries. Limited weight can be afforded to the emerging Local Plan and its development boundaries which are not yet part of the development plan and which may change prior to adoption. 103. Turning to the benefits of the proposal the following matters are important: • The provision of market and affordable housing in an accessible location with reasonable access to a range of services and facilities. The proposal would partially address the housing supply position and contribute to the Government’s objective of significantly boosting the supply of homes and the provision of affordable housing, as reconfirmed in the recent WMS. https://www.gov.uk/planning-inspectorate 19
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 Given the area’s current housing delivery circumstances, these benefits together carry substantial weight in favour of the appeal. • A number of economic benefits would be created by the proposed development including construction employment opportunities, employment opportunities within the supply chain, and expenditure within the local area associated with the residents of the new dwellings. However, economic benefits from the proposal are of moderate weight as these benefits would be expected to be provided with any housing development and are not specific to this site. • The provision of 0.5ha of allotments would accord with the requirements of the open space standards as set out in the supporting text of Policy GS1 of LPP2. As the provision of the allotments is a policy requirement, I attach no weight to this matter. • The Appellants identify that the 2011 Playing Pitch Strategy, as referenced in the supporting text to Policy GS1 of LPP2, sets out that there is a need to expand the Brackley Rugby Union Football Club by the provision of extra pitch space.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The provision of the full-sized new rugby pitch would address this need and thus is a matter to which I attach limited weight. • The overall provision of 10.57ha of open space would exceed the requirements of Policy GS1. In addition, the Section 106 Agreement contributions to off-site sports and recreation provisions would be of benefit to the wider community. Overall, I attach moderate weight to these benefits. 104. There would be adverse impacts arising from the proposed development. Harm to the character and appearance of the area attracts adverse moderate weight for the reasons given above. There is also conflict with the spatial strategy for the location of development. However, in the context of there being no Framework compliant housing land supply this matter carries limited weight. 105. I have had particular regard to paragraphs 110 and 115 of the Framework which both seek to support development in locations that are or can be made sustainable. As set out above, although the proposal would be outside the settlement’s confines, the future residents would have reasonably good access to the facilities and services within Brackley to support their day to day needs. 106.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision The proposal would be in a suitable location for housing with regard to national policy. I conclude that the substantial benefits of the scheme comprise other material considerations that would significantly and demonstrably outweigh the adverse impacts of the development when assessed against the Framework policies taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well designed places and providing affordable homes, individually or in combination. 107. Consequently, the proposed development benefits from the Framework’s presumption in favour of sustainable development. Therefore, material considerations outweigh the conflict with the development plan as a whole and indicate that the appeal should be allowed. https://www.gov.uk/planning-inspectorate 20
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 Conditions 108. The main parties provided a list of agreed planning conditions prior to the opening of the Inquiry. The conditions were discussed at a round-table session following which further amendments were made with a final agreed list24 submitted after the close of the Inquiry. I have considered the suggested conditions against the advice given in paragraph 57 of the Framework and the guidance contained in the section on ‘Use of Planning Conditions’ in the PPG. Where necessary I have amended them in the interests of clarity, precision, conciseness or enforceability. 109. To provide certainty, standard conditions covering time limits, submission of reserved matters and the approved plans are necessary [Conditions 1, 2 and 3]. The submission of a phasing plan identifying each phase or sub-phase of development is necessary to ensure that the phased implementation of development accords with the approved plans, planning conditions and the obligations set out in the Section 106 Agreement [4]. 110.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision In order to ensure that subsequent reserved matters applications accord with the approved plans and the details assessed in this appeal, a condition is necessary to ensure that no more than 700 dwellings are accommodated on the site [5]. 111. Conditions are necessary to ensure that the proposed northern and southern accesses are completed and open to traffic prior to occupation of any dwelling, in respect of the northern access, and prior to the occupation of the 125th dwelling in respect of the southern access [6 and 7]. These conditions are necessary to ensure that the site can be safely accessed. 112. In order to protect ecological and nature conservation interests conditions are necessary to ensure that site clearance works do not occur during the bird nesting season; to ensure that the development is carried out in accordance with the recommendations, mitigation measures and enhancements set out in ES Chapter 8: Ecology and Nature Conservation; and, the provision of an ecology check to be undertaken within 12 months of the commencement of development [8, 9, and 10].
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision For the same reasons, a condition is necessary requiring the submission and implementation of a Habitat Management and Monitoring Plan (HMMP) for the retained, enhanced and created habitats, including the on and off-site biodiversity net gain provision [19]. In addition, a condition is necessary requiring submission of details and implementation of interpretation boards to explain the wildlife of the retained Local Wildlife Site habitats [31]. 113. To ensure that the development does not cause harm to any protected species or their habitats, conditions are necessary requiring that development is carried out in accordance with the Council’s Organisational Licence (WML-OR1510); prevention of the commencement of development until a certificate has been submitted confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with; the submission of a protected species mitigation strategy; and, the submission of a Lighting Design Strategy for Biodiversity [11, 13, 20 and 24]. 114.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision In the interests of ensuring that features of archaeological interest are properly examined and recorded, a condition is necessary requiring the submission and 24 ID22 https://www.gov.uk/planning-inspectorate 21
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision In the interests of ensuring that features of archaeological interest are properly examined and recorded, a condition is necessary requiring the submission and 24 ID22 https://www.gov.uk/planning-inspectorate 21
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/25/3367158 implementation of details of a programme of archaeological investigatory work [14]. 115. In order to ensure that the site can be adequately drained and to prevent an increased risk of flooding both on and off site, a condition is necessary requiring the submission of reserved matters applications to include an updated drainage strategy [12]. For the same reasons, conditions are necessary requiring the submission of drainage outfall details, details of the management of surface water on site during construction, and the submission of full details of the surface and foul water drainage scheme for the site [17, 18, 21 and 22]. A condition is also necessary requiring the submission of a Verification Report to demonstrate that the constructed drainage systems are in compliance with the approved drainage strategy for the relevant phase or sub-phase of the proposed development [30]. 116. In order to protect the environment, biodiversity interests and the living conditions of occupants of existing and proposed dwellings, conditions are necessary requiring the submission and implementation of a Construction and Environmental Management Plan (CEMP) and a CEMP: Biodiversity [15 and 23].
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision To ensure the continued health of retained trees/hedges and in the interests of the visual amenity of the area, a condition is necessary requiring the submission and implementation of tree protection measures [16]. 117. Also to protect the living conditions of existing and proposed residents, conditions are necessary requiring the submission of a noise mitigation scheme and prescription of construction hours [25 and 33]. To ensure that adequate water infrastructure provision is made on site for the local fire service to tackle any property fire, a condition is necessary requiring the submission and implementation of a scheme and timetable detailing the provision of fire hydrants and their associated infrastructure [26]. 118. To ensure that adequate public transport infrastructure is provided, a condition is necessary to ensure that the development is provided with two pairs of bus stops [27]. Conditions are also necessary requiring off-site highway improvements including the provision of tactile paving and refreshed road markings [28 and 29]. 119. In the interests of sustainable development, a condition is necessary to ensure that each dwelling is provided with an electric vehicle charging point [32].
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Appeal Decision To ensure that the development can be safely undertaken and occupied, a condition is necessary requiring the submission of a remediation strategy detailing how any unsuspected contamination will be dealt with [34]. Conclusion 120. For the above reasons, based on the evidence before me and all other matters raised, I conclude that the appeal should be allowed subject to the identified conditions and the provisions of the Section 106 Agreement.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington INSPECTOR https://www.gov.uk/planning-inspectorate 22
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington INSPECTOR https://www.gov.uk/planning-inspectorate 22 Appeal Decision APP/W2845/W/25/3367158 ANNEX A - APPEARANCES FOR THE APPELLANT Sasha White KC Instructed by Pegasus Group Assisted by Kimberley Ziya They called Ms Sarah Butterfield BSc (Hons), Director, Pegasus DipTP, MRTPI Participants on behalf of Appellant in the Housing Land Supply Round Table Session: Neil Tiley, Assoc RTPI, BSc (Hons) Senior Director, Pegasus FOR WEST NORTHAMPTONSHIRE COUNCIL Andrew Fraser-Urquhart KC Instructed by Sian Webb, West Northamptonshire Council He called Daniel Callis MSc, BSc, MRTPI Major Projects Officer/Principal Planning Officer Participants on behalf of the Council in the Housing Land Supply Round Table Session: Richard Wood West Northamptonshire Council Alan Munn West Northamptonshire Council INTERESTED PARTIES Councillor Fiona Baker West Northamptonshire Council Mike Graves Brackley Angling Club John Brooks Brackley Angling Club Alan Mayes Northamptonshire CPRE Kevin Blencowe Local Resident https://www.gov.uk/planning-inspectorate 23
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 ANNEX B CORE DOCUMENTS (CD)
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 ANNEX B CORE DOCUMENTS (CD)
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A – Planning Application | | | --- | --- | | Original Application Documents Submitted 28/04/2021 | | | A01 | Application Form, dated 28th April 2021 | | A02 | Copy of Site Notice and Notice Letters, served 23rd April 2021 | | A03 | CIL Form 1, dated 23rd April 2021 | | A04 | Site Boundary Plan, prepared by Urban Design Box ASH105_1003N | | A05 | Concept Masterplan, prepared by Urban Design Box ASH105_3203N | | A06 | Parameter Plan, prepared by Urban Design Box ASH105_3502D | | A07 | Environmental Statement – Competency Statement | | A08 | Environmental Statement – Non-Technical Summary | | A09A | Environmental Statement – Chapter 0 – Contents | | A09B | Environmental Statement – Chapter 1 – Introduction | | A09C | Environmental Statement – Chapter 2 – Assessment, Scope and Methodology | | A09D | Environmental Statement – Chapter 3 – Application Site | | A09E | Environmental Statement – Chapter 4 – Proposed Development and Alternatives | | A09F | Environmental Statement – Chapter 5 – Planning Policy | | A09G | Environmental Statement – Chapter 6 – Socio Economics and Human Health | | A09H | Environmental Statement – Chapter 7 – Landscape and Visual Issues |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A – Planning Application | | | --- | --- | | A09I | Environmental Statement – Chapter 8 – Ecology and Nature Conservation | | A09J | Environmental Statement – Chapter 9 – Archaeology and Cultural Heritage | | A09K | Environmental Statement – Chapter 10 – Transport and Access | | A09L | Environmental Statement – Chapter 11 – Noise and Vibration | https://www.gov.uk/planning-inspectorate 24 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A09M | Environmental Statement – Chapter 12 – Air Quality | | --- | --- | | A09N | Environmental Statement – Chapter 13 – Flood Risk and Drainage | | A09O | Environmental Statement – Chapter 14 – Ground Conditions | | A09P | Environmental Statement – Chapter 15 – Lighting | | A09Q | Environmental Statement – Chapter 16 – Summary | | A09R | Environmental Statement – Chapter 17 – Glossary | | A09S | Environmental Statement – Chapter 18 - References | | A10A | Environmental Statement - Technical Appendix 2.1 - Appendix A – Site Location Plan - Appendix B – ASH105_Brackley 3501 - Appendix C – Schedule 4 - Appendix D – edp5995_d001b_UNCONTROLLED - Appendix E – Ground Condition Impact Assessment Methodology Tables - Appendix F – Solis and ALC Report Brackley - P19-2224 EIA Scoping Cover Letter 201220 - P19-2224 EIA Scoping Cover Letter 201220 - P19-2224 EIA Scoping Report Rev B 201220 | | A10B | Environmental Statement – Technical Appendix 2.2 – Decision Notice | | A10C | Environmental Statement – Technical Appendix 2.3 – Site Location Plan | | A10D | Environmental Statement – Technical Appendix 2.4 – Site Location Plan | | A10E | Environmental Statement – Technical Appendix 2.5 – Site Location Plan |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A09M | Environmental Statement – Chapter 12 – Air Quality | | --- | --- | | A10F | Environmental Statement – Technical Appendix 7.1 – Viewpoints | | A10G | Environmental Statement – Technical Appendix 8.1 PEA v5 CONFIDENTIAL | | A10H | Environmental Statement – Technical Appendix 8.1 PEA v5 | | A10I | Environmental Statement – Technical Appendix 8.2 – Ecology Report v3 | | A10J | Environmental Statement – Technical Appendix 8.2 – Ecology Report v3 CONFIDENTIAL Appendix | https://www.gov.uk/planning-inspectorate 25 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | A10K | Environmental Statement – Technical Appendix 8.3 Preliminary Arboricultural | | --- | --- | | A10L | Environmental Statement – Technical Appendix 9.1 – Archaeology and Heritage | | A10M | Environmental Statement – Technical Appendix 9.2 – WSI-PCA | | A10N | Environmental Statement – Technical Appendix 10.1 - Transport Assessment - P19-2224_TA_April 21_PT1 - P19-2224_TA_April 21_PT2 - P19-2224_TA_April 21_PT3 - P19-2224_TA_April 21_PT4 - P19-2224_TA_April 21_PT5 - P19-2224_TA_April 21_PT6 - P19-2224_TA_April 21_PT7 - P19-2224_TA_April 21_PT8 | | A10O | Environmental Statement – Technical Appendix 10.2 – Travel Plan - P19-2224_TP_April 21_PT1 - P19-2224_TP_April 21_PT2 - P19-2224_TP_April 21_PT3 | | A10P | Environmental Statement – Technical Appendix 11.1 – 11.5 – Noise Appendices | | A10Q | Environmental Statement – Technical Appendix 12.1 - 12.5 – Air Quality Appendices | | A10R | Environmental Statement – Technical Appendix 13.1 – FRA | | A10S | Environmental Statement – Technical Appendix 13.2 - SDS | | A10T | Environmental Statement – Technical Appendix 13.2 – SDS compressed | | A10U | Environmental Statement – Technical Appendix 14.1 – Phase 1 Desk Study |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A10K | Environmental Statement – Technical Appendix 8.3 Preliminary Arboricultural | | --- | --- | | A10V | Environmental Statement – Technical Appendix 14.2 – Guidance Documentation | | A10W | Environmental Statement – Technical Appendix 14.3 – Scoping Response | | A10X | Environmental Statement – Technical Appendix 14.4 – Excavation Logs | https://www.gov.uk/planning-inspectorate 26 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A10Z | Environmental Statement – Technical Appendix 14.5 – Chemical Analysis Certificates | | --- | --- | | A10AA | Environmental Statement – Technical Appendix 15.1 – Baseline Survey Results | | A10BB | Environmental Statement – Technical Appendix 15.2 – Baseline Survey Measurement | | A10CC | Environmental Statement – Technical Appendix 15.3 – 1804-DFL-HLG- XX-CA | | A10DD | Environmental Statement – Technical Appendix 15.4 – Modelling Results | | A10EE | Environmental Statement – Technical Appendix 15.5 – Lighting Receptor | | A11A | Environmental Statement – Figure 1.1 – Application Site Context | | A11B | Environmental Statement – Figure 1.2 – Site Boundary Plan | | A11C | Environmental Statement – Figure 2.1 – Relevant Approved Development within 3km of the Proposed Development | | A11D | Environmental Statement – Figure 4.1 – Parameter Plan | | A11E | Environmental Statement – Figure 4.2 – Concept Masterplan | | A11F | Environmental Statement – Figure 6.1 – Neighbourhood Impact Area | | A11G | Environmental Statement – Figure 6.2 – Local and Wider Impact Areas | | A11H | Environmental Statement – Figure 7.1 – Site Location Map | | A11I | Environmental Statement – Figure 7.2 – Zone of Theoretical Visibility |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A10Z | Environmental Statement – Technical Appendix 14.5 – Chemical Analysis Certificates | | --- | --- | | A11J | Environmental Statement – Figure 7.3 – Topography | | A11K | Environmental Statement – Figure 7.4 – Landscape Character Areas | | A11L | Environmental Statement – Figure 7.5 – Access Routes | | A11M | Environmental Statement – Figure 9.1 – Known Archaeological Remains and NHER | | A11N | Environmental Statement – Figure 11.1 – Noise Monitoring Locations | | A11O | Environmental Statement – Figure 11.2 – Construction Noise Assessment Locations | | A11P | Environmental Statement – Figure 11.3 – Daytime Noise Contours | https://www.gov.uk/planning-inspectorate 27 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A11Q | Environmental Statement – Figure 11.4 – Night-time Noise Contours | | --- | --- | | A11R | Environmental Statement – Figure 11.5 – Sports Pitch Noise Contours | | A11S | Environmental Statement – Figure 11.6 – Glazing Assessment Locations | | A11T | Environmental Statement – Figure 11.7 – Garden Noise Contours | | A11U | Environmental Statement – Figure 12.1 – Receptor Locations | | A11V | Environmental Statement – Figure 12.2 – Monitoring | | A11W | Environmental Statement – Figure 12.3 – Site Sensitivity | | A11X | Environmental Statement – Figure 12.4 – Trackout Sensitivity | | A11Y | Environmental Statement – Figure 14.1 – Geological Unit Boundaries and Excavation Location Plan Sept 2010 | | A12 | Soils and ALC Report 1725/1 0 – Land Research Associates | | A13 | Design and Access Statement ASH105 – Urban Design Box | | A14 | Health Impact Assessment P19-2224, April 2021 SRC – Pegasus Group | | A15 | Open Space, Sport and Recreation Assessment P19-2224 2021 NCO – Pegasus Group | | A16 | Planning Statement P19-2224, April 2021 NCO – Pegasus Group | | A17 | Statement of Community Engagement 23 April 2021 – Camargue | | A18 | Sustainability and Energy Statement ASHZ3003 – Turley |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A11Q | Environmental Statement – Figure 11.4 – Night-time Noise Contours | | --- | --- | | A19 | Utilities Assessment, BRW-BWB-ZZ-0001-UA – BWB Consulting | | A20 | Heads of Terms P19-2224_HoT-13042 – Pegasus Group | | Additional Documents Submitted February 2022 | | | A21 | Letter requesting information from the CCG L001v12PL – Pegasus Group | | A22 | Letter requesting information from the LEA L002v2 PL – Pegasus Group | | Additional Documents Submitted September 2022 | | | A25 | Letter Response to LEA L003v3 – Pegasus Group, 21st September 2022 | | A26 | Letter Response on HealthcareL004v1 – Pegasus Group, 21st September 2022 | https://www.gov.uk/planning-inspectorate 28 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | Additional Documents Submitted January 2023 | | | --- | --- | | A27 | Letter Response to Education Contributions R002v1 – Pegasus Group, 20th January 2023 Additional Documents | | Additional Documents Submitted March 2023 | | | A28 | Letter Response to Education Contributions R003v1 – Pegasus Group, 17th March 2023 | | Additional Documents Submitted May 2023 | | | A29 | Letter Response to Healthcare Contributions L005v1 EC CIR – Pegasus Group, 15th May 2023 | | Additional Documents Submitted July 2023 | | | A30 | Letter Response to Integrated Care Board R004v1 – Pegasus Group, 31st July 2023 Additional Documents | | Additional Documents Submitted October 2023 | | | A31 | Letter to Ben Pearson L006v1 – Pegasus Group, 25th October 2023 Additional Documents | | Additional Documents Submitted September 2024 | | | A32 | Cover Letter for Submission of Additional Information Lv001 – Pegasus Group, 23rd September 2024 | | A33 | Excel Table of Proposed S106 Requests Rev 2 200924 – Pegasus Group | | A34 | Statement Addendum 001_P19-2224 – Pegasus Group, September 2024 | | ES Further Information – Submitted September 2024 | | | A35A | Environmental Statement Addendum – Additional Competency Statement |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | Additional Documents Submitted January 2023 | | | --- | --- | | A35B | Environmental Statement Addendum – Non-Technical Summary including Addendum 210924 | | A35C | Environmental Statement Addendum – Chapter 0 – Contents | | A35D | Environmental Statement Addendum – Chapters 1–4 Introduction, Assessment, Scope and Methodology, Application Site and Proposed Development and Alternatives Addendum | | A35E | Environmental Statement Addendum – Chapter 7 – Landscape and Visual Issues Addendum | https://www.gov.uk/planning-inspectorate 29 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A35F | Environmental Statement Addendum – Chapter 8 – Ecology and Nature Conservation Addendum | | --- | --- | | A35G | Environmental Statement Addendum – Chapter 9 – Archaeology and Cultural Heritage Addendum | | A35H | Environmental Statement Addendum – Chapter 10 – Transport and Access Addendum | | A35I | Environmental Statement Addendum – Chapter 11 – Noise and Vibration Addendum | | A35J | Environmental Statement Addendum – Chapter 12 – Air Quality Addendum | | A35K | Environmental Statement Addendum – Chapters 16-17 – Summary and Glossary Addendum | | A35L | Environmental Statement Addendum – Chapter 18 – References Addendum | | A35M | Environmental Statement Addendum – Appendix 2.6 - Consultation Responses | | A35N | Environmental Statement Addendum – Appendix 8.4 - Updated Habitat Assessment | | A35O | Environmental Statement Addendum – Appendix 8.5 - Breeding Bird Assessment | | A35P | Environmental Statement Addendum– Appendix 8.6 – Badger Report CONFIDENTIAL | | A35Q | Environmental Statement Addendum – Appendix 8.7 - GCN Report | | A35R | Environmental Statement Addendum – Appendix 10.1 – Transport Assessment | | A35S | Environmental Statement Addendum – Appendix 10.2 – Travel Plan |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A35F | Environmental Statement Addendum – Chapter 8 – Ecology and Nature Conservation Addendum | | --- | --- | | A35T | Environmental Statement Addendum – Appendix 10.3A – Link Sensitivity | | A35U | Environmental Statement Addendum – Appendix 10.4-1 ComDev | | A35V | Environmental Statement Addendum – Appendix 10.4-2 ComDev | | A35W | Environmental Statement Addendum – Appendix 11.1-11.5A Noise Appendices | | A35X | Environmental Statement Addendum – Appendix 12.1A – 12.5A – Air Quality | https://www.gov.uk/planning-inspectorate 30 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A35Y | Environmental Statement Addendum – Figure 2.1A – Other Developments | | --- | --- | | A35Z | Environmental Statement Addendum – Figure 8.1a – Bat Transect Plan | | A35AA | Environmental Statement Addendum – Figure 8.1b – Bat Transect Plan - Walkover | | A35BB | Environmental Statement Addendum – Figure 8.2 – Static Detector Locations | | A35CC | Environmental Statement Addendum – Figure 11.1A – Noise Locations | | A35DD | Environmental Statement Addendum – Figure 11.2 – Construction Noise Assessment Locations | | A35EE | Environmental Statement Addendum – Figure 11.3 – Daytime Noise Contours | | A35FF | Environmental Statement Addendum – Figure 11.4A – Night-time Noise Contours | | A35GG | Environmental Statement Addendum – Figure 11.5A – Sports Pitch Noise Locations | | A35HH | Environmental Statement Addendum – Figure 11.6 – Glazing Assessment Locations | | A35II | Environmental Statement Addendum – Figure 11.7A – Garden Noise Assessment Locations | | A35JJ | Environmental Statement Addendum – Figure 12.1A – Receptor Locations | | A35KK | Environmental Statement Addendum – Figure 12.2A – Monitoring | | A35LL | Environmental Statement Addendum – Figure 12.3A – Site Sensitivity |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | A35Y | Environmental Statement Addendum – Figure 2.1A – Other Developments | | --- | --- | | A35MM | Environmental Statement Addendum – Figure 12.4A – Trackout Sensitivity | | A35NN | 12481 030924 BNG Metric | | Additional Information – Submitted November 2024 | | | A36 | Response to National Highways – Email from Pegasus Group to National Highways, 15th November 2024 | | Additional Information – Submitted December 2024 | | | A37 | Brackley RSA report – Stage 1 – Andy Paul BEng (Hons); MCIHT HE RSA Cert Comp, 9th December 2024 | https://www.gov.uk/planning-inspectorate 31 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | Additional Information – Submitted April 2025 | | | --- | --- | | A38 | Highways Technical Note – P19-2224 TR05 – Pegasus Group, April 2025 | | Additional Information – Submitted March 2025 | | | A39 | LLFA Correspondence on Sequential Assessment, March 2025 | | Additional Information – Submitted June 2025 | | | A40 | Addendum to the Flood Risk Assessment (300500-P01), submitted 02.06.25 | | A41 | Response to LLFA – Proposed Drainage Strategy Plan (520501-P01), submitted 02.06.25 |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | Additional Information – Submitted April 2025 | | | --- | --- | | A38 | Highways Technical Note – P19-2224 TR05 – Pegasus Group, April 2025 | | Additional Information – Submitted March 2025 | | | A39 | LLFA Correspondence on Sequential Assessment, March 2025 | | Additional Information – Submitted June 2025 | | | A40 | Addendum to the Flood Risk Assessment (300500-P01), submitted 02.06.25 | | A41 | Response to LLFA – Proposed Drainage Strategy Plan (520501-P01), submitted 02.06.25 |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | B – Application Consultation Responses (Consultee) | | | --- | --- | | B01 | Anglian Water Response | | B02A | Brackley Health Response | | B02B | Brackley Summary Report | | B03A | Brackley Rugby Club Response 1 | | B03B | Brackley RUFC Response 2 – Applications Comments | | B03C | Brackley RUFC Response 3 – Playing Pitch Strategy Update | | B04 | Brackley Town Council Response | | B05 | CPRE Response | | B06A | Environment Agency Response 1 | | B06B | Environment Agency Response 2 | | B07A | Farthingoe Parish Council Response 1 | | B07B | Farthingoe Parish Council Response 2 | | B07C | Farthingoe Parish Council Response 3 | | B07D | Farthingoe Parish Council Response 4 | | B08 | Greatworth & Halse Parish Council Response | | B09A | Highways England Response 1 |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington https://www.gov.uk/planning-inspectorate 32 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | B09B | Highways England Response 2 | | --- | --- | | B10A | Hinton in the Hedges Parish Council Response 1 | | B10B | Hinton in the Hedges Parish Council Response 2 | | B11A | National Highways Response 1 | | B11B | National Highways Response 2 | | B11C | National Highways Response 3 | | B11D | National Highways Response 4 | | B11E | National Highways Response 5 | | B11F | National Highways Response 6 | | B11G | National Highways Response 7 | | B11H | National Highways Response 8 | | B11I | National Highways Response 9 | | B11J | National Highways Response 10 | | B11K | National Highways Response 11 | | B11L | National Highways Response 12 | | B11M | National Highways Response 13 | | B11N | National Highways Response 14 | | B11O | National Highways Response 15 | | B11P | National Highways Response 16 | | B11Q | National Highways Response 17 | | B11R | National Highways Response 18 | | B11S | National Highways Response 19 | | B12A | Natural England Response 1 | | B12B | Natural England Response 2 | | B13A | NHS Response 1 | | B13B | NHS Response 2 | | B14 | NCIB Response |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington https://www.gov.uk/planning-inspectorate 33 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | B15A | Northants Badger Group Response 1 | | --- | --- | | B15B | Northants Badger Group Response 2 | | B16A | Northants CCG Response 1 | | B16B | Northants CCG Response 2 | | B17A | Northants Police Response 1 | | B17B | Northants Police Response 2 | | B18 | Ramblers Association Response | | B19 | Sport England Response | | B20 | Wildlife Trust Response | | B21A | WNC Archaeology Response 1 | | B21B | WNC Archaeology Response 2 | | B22 | WNC Building Control Response | | B23A | WNC Conservation Response 1 | | B23B | WNC Conservation Response 2 | | B24A | WNC Developer Contributions Response 1 | | B24B | WNC Developer Contributions Response 2 | | B25A | WNC Ecology Response 1 | | B25B | WNC Ecology Response 2 | | B26 | WNC Economic Growth Response | | B27 | WNC Education Response | | B28A | WNC Environmental Health Response 1 | | B28B | WNC Environmental Health Response 2 | | B29A | WNC Highways Response 1 | | B29B | WNC Highways Response 2 | | B29C | WNC Highways Response 3 | | B29D | WNC Highways Response 4 | | B29E | WNC Highways Response 5 |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington https://www.gov.uk/planning-inspectorate 34 Appeal Decision APP/W2845/W/25/3367158 | B29F | WNC Highways Response 6 | | --- | --- | | B30A | WNC Local Lead Flood Authority Response 1 | | B30B | WNC Local Lead Flood Authority Response 2 | | B31 | WNC Recreation & Leisure Response | | B32 | WNC Recreation & Leisure Response |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | B29F | WNC Highways Response 6 | | --- | --- | | B30A | WNC Local Lead Flood Authority Response 1 | | B30B | WNC Local Lead Flood Authority Response 2 | | B31 | WNC Recreation & Leisure Response | | B32 | WNC Recreation & Leisure Response | | C – Appeal Documents | | | --- | --- | | C01 | Pre-Notification of Appeal | | C02 | Appeal Form | | C03 | Appellant Start Letter – 24 June 2025 | | C04 | LPA Start Letter – 24 June 2025 | | C05A | CMC Agenda | | C05B | CMC Pre-Conference Note | | C05C | CMC Summary Note | | C06 | Appeal Suggested Procedural Note | | Statements of Case and 3rd Party Comments | | | C07 | Appellant's Statement of Case | | C08A | Council’s Statement of Case | | C08B | Appendix A - WNC Planning Committee Report | | | 3rd party comments | | C09A | Carlon J - 1184850 - INTERESTED PARTY | | C09B | Carlon J - 1184850 - INTERESTED PARTY (attachment) | | C09C | Mordue L - 1182167 - INTERESTED PARTY | | C09D | Mordue L - 1182167 - INTERESTED PARTY (attachment) | | C09E | Seldon M - 1185598 - INTERESTED PARTY | | C09F | Seldon M - 1185598 - INTERESTED PARTY (attachment) |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington https://www.gov.uk/planning-inspectorate 35 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | Statements of Common Ground | | | --- | --- | | C10 | Appellant and LPA Planning Statement of Common Ground | | C11 | Appellant and LPA Housing Statement of Common Ground | | C12 | Appellant and LPA Transport Statement of Common Ground | | Appellant and LPA Proofs of Evidence | | | C13A | Appellant’s Planning Proof of Evidence and Appendices 1-4 | | C13B | Appellant’s Planning Summary Proof of Evidence | | C14A | Appellant’s Housing Need and Supply Proof of Evidence | | C14B | R004v3 Appendices to Housing Proof | | C15A | LPA’s Planning Proof of Evidence | | C15B | LPA’s Summary Proof of Evidence - Dan Callis (WNC) | | C16 | LPA’s Housing Need and Supply Proof of Evidence | | Rebuttals | | | C17 | Appellant’s Planning Rebuttal | | C18 | Appellant’s Housing Rebuttal | | Section 106 Agreement | | | C19 | Agreed draft S106 Agreement | | CIL Compliance Statement | | | C20 | LPA’s CIL Compliance Statement | | Conditions | | | C21 | Agreed Conditions List | | Other Appeal Documents | | | C22 | Land West of Brackley Appeal – Proposed Site Visit Route |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington https://www.gov.uk/planning-inspectorate 36 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | D – Planning Policy & Guidance and Housing Land Supply | | | --- | --- | | D01 | National Planning Policy Framework (December 2024) | | D02 | National Planning Practice Guidance | | D03 | West Northamptonshire Joint Core Strategy Local Plan (part 1) – adopted December 2014 | | D04A | South Northamptonshire Part 2 Local Plan – adopted July 2020 | | D04B | South Northamptonshire Part 2 Local Plan – Insert 10 (Brackley Constraints Map) | | D05 | Air Quality and Emissions Mitigation SPD (South Northamptonshire, 2019) | | D06 | South Northamptonshire Development Contributions SPD (2010) | | D07 | Parking: Standards and Design SPD (adopted 2018) | | D08 | South Northamptonshire Energy Efficiency SPD (2013) | | D08A | Part 1: Low Carbon and Renewable Energy SPD | | D08B | Part 2: Low Carbon and Renewable Energy SPD | | D08C | Appendices: Energy Efficiency and Renewable Energy SPD | | D09 | Energy and Development SPD (2007) | | D10 | Brackley Masterplan 2011 | | D12 | 2019 West Northamptonshire Joint Core Strategy Regulation 10A Review | | D13 | Local Development Scheme Feb 2025 | | D14 | Emerging Local Plan, Regulation 18 consultation draft |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | D – Planning Policy & Guidance and Housing Land Supply | | | --- | --- | | D15 | West Northamptonshire Council Housing Land Supply Assessment: April 2025 (including Appendices 1 and 2) | | D16 | West Northamptonshire Council Housing Land Supply Assessment: April 2025 (Appendix 3 – Statements of Common Ground) | | D17 | West Northamptonshire Council Housing Land Supply Assessment: April 2025 (Appendix 4 - Completions) | | D18 | West Northamptonshire Council Housing Land Supply Assessment: April 2025 (Appendix 6 – Mapping) | https://www.gov.uk/planning-inspectorate 37 Appeal Decision APP/W2845/W/25/3367158 | D19 | Extracts of the PPG on Housing Supply and Delivery | | --- | --- |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | D19 | Extracts of the PPG on Housing Supply and Delivery | | --- | --- |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | E – Appeal and Case Law Decisions | | | --- | --- | | E01 | Laura Cummins and London Borough of Camden, SSETR and Barrett Homes Limited [2001]; R v. Rochdale MBC ex parte Milne [2000] and City of Edinburgh Council v. Secretary of State for Scotland [1997] | | E02 | Appeal Decision: APP/W2845/W/23/3318366 – Land east of Brington Road, Flore | | E03 | Appeal Decision: APP/Z2830/W/20/3261483 - Land east of Waters Lane, Middleton Cheney | | E04 | Redetermination Decision - Land East of Brington Road, Flore | | E05 | Appeal Decision - Heatherfield Stables, Redbridge Road Crossways | | E06 | Appeal Decision - Land off Audlem Road | | E07 | Appeal Decision - Land off Popes Lane, Sturry | | E08 | Appeal Decision - Land at Caddywell Lane Burwood Lane Great Torrington | | E09 | Appeal Decision - Land to the north of Moreton Road, Moreton | | E10 | Appeal Decision - Land at Warwickshire Police Headquarters, Woodcote Lane, Leek Wootton | | E11 | Appeal Decision - Land at Farleigh Fields | | E12 | Appeal Decision - Land off Darnhull School Lane | | E13 | Appeal Decision - Land adjacent to Bonhams and Flints, Hoe Lane, Flansham | | E14 | Appeal Decision - Entech House, London Road, Woolmer Green |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | E – Appeal and Case Law Decisions | | | --- | --- | | E15 | Appeal Decision - Land on East Side of Green Road, Woolpit, Suffolk | | E16 | Appeal Decision - Land off Colchester Road, Bures Hamlet, Essex | | E17 | Appeal Decision - Land South of Westleaze, Charminster, Dorset | | E18 | Appeal Decision - 700 St Johns Road and St Johns Nursery site, Earls Hall Drive, Clacton on Sea | | E19 | Appeal Decision - Land off Bakers Lane, Braiswick, Colchester, Essex | https://www.gov.uk/planning-inspectorate 38 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | E20 | Court of Appeal Judgment in Hallam Land Management Ltd vs Secretary of State for Communities and Local Government & Anor [2018] EWCA Civ 1808 | | --- | --- | | E21 | High Court Judgment of Wainhomes (South West) Holdings Ltd and the Secretary of State for Communities and Local Government et al [2013] EWHC 597 (Admin) | | E22 | Appeal Decision - Land West of Church Hill and Land Off Butts Close and Schoolhouse Lane,Marnhull, Dorset | | G – Committee Report | | | --- | --- | | G01 | West Northamptonshire Council Planning Committee Report 15th July 2025 |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | G – Committee Report | | | --- | --- | | G01 | West Northamptonshire Council Planning Committee Report 15th July 2025 | | H – Miscellaneous Documents | | | --- | --- | | H01 | West Northamptonshire Council Cabinet report 24th June 2025 | | H02 | Northampton Town Centre Strategic Regeneration Acquisition | | H03 | Start to Finish: How quickly do large-scale housing sites deliver? (March 2024) | | H04 | Creaton Parish Council minutes 2nd July 2024 | | H05 | Housing Flows Reconciliation Guide | | H06 | Our Future Campus Vision - Mercedes-AMG PETRONAS F1 Team | | H07 | Mercedes expansion set to create huge investment and highly skilled jobs in Brackley, West Northamptonshire - West Northamptonshire Council News | | H08 | Assumed cycle speed of 270 metres per minute, from Department for Transport (2020) Local Transport Note 1/20: Cycle Infrastructure Design | | H09 | West Northamptonshire Council Cabinet Report 16th July 2025 | | H10 | National Travel Survey 2024 dataset NTS 0303f ‘Average Trip duration by main mode (minutes)’ |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | i – Proposed plans for approval | | | --- | --- | | i01 | Dwg No ASH105 1003E (Site Location Plan) | https://www.gov.uk/planning-inspectorate 39 Appeal Decision APP/W2845/W/25/3367158
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 | i02 | Dwg No ASH105 3502D (Parameters Plan) | | --- | --- | | i03 | Dwg No P19-2225 Figure 5.2 rev A (Proposed southern access arrangements) | | i04 | Dwg No P19-2224 Figure 6.5 rev B (Proposed non-motorised road-user improvements on Banbury Road) | | i05 | Dwg No P19-2224 Figure 5.1 rev B (Proposed northern access arrangements) | | i06 | Dwg No P19-2224 SK24 rev B (Potential footway/cycleway links on Halse Road) | | i07 | Dwg No. 5028761/RDG/22/XX/D/C/520501 rev P02 (Proposed drainage strategy plan) | | i08 | Dwg No ASH105 3202N (Concept Plan) | | i09 | List of Proposed Approved Plans 300925 AGREED | https://www.gov.uk/planning-inspectorate 40
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington https://www.gov.uk/planning-inspectorate 40 Appeal Decision APP/W2845/W/25/3367158 ANNEX C DOCUMENTS SUBMITTED DURING THE INQUIRY (ID)
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 ANNEX C DOCUMENTS SUBMITTED DURING THE INQUIRY (ID)
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | Inquiry Document (ID) | Description of Document | | --- | --- | | ID1 | Appellant Opening Statement | | ID2 | West Northants Council Opening Statement | | ID3 | Speaking Note of Mr Graves on behalf of Brackley & District Angling Club | | ID4 | Speaking Note of Mr Mayes on behalf of CPRE Northamptonshire | | ID5 | Updated CIL Compliance Statement (28.10.25) provided by Council | | ID6 | HLS Scott Schedule Update (28.10.25) provided by Council | | ID7 | Speaking Note of Councillor Baker | | ID8 | Brackley & District Angling Club Covering Letter and Full Representation | | ID9 | Updated Site Visit Itinerary – Issue V2 | | ID10 | Appellant Technical Note in response to submissions by Fish Legal on behalf Brackley & District Angling Club 29.10.25 | | ID11 | SoCG Council, Davidsons and Bloors regarding N4 Northampton West Sustainable Urban Extension Housing Delivery | | ID12 | Email (30.10.25) from Richard Wood explaining correlation between 2025 HLS figures and JCS Policy S3 | | ID13 | WNC 5 Year Housing Land Supply 2025 SoCG Signatories | | ID14 | Appellant Observations on WNC 5 Year Housing Land Supply 2025 SoCG Signatories (ID123) | | ID15 | West Northamptonshire Council Closing Statement |
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington | Inquiry Document (ID) | Description of Document | | --- | --- | | ID16 | Appellant’s Closing Statement | | ID17 | Gladman Developments Ltd v Daventry DC & the Secretary of State for Communities & Local Government | | ID18 | Wainhome (North West) Limited v Secretary of State for Communities & Local Government, South Ribble District Council | https://www.gov.uk/planning-inspectorate 41 Appeal Decision APP/W2845/W/25/3367158 | ID19 | Borough of Telford and Wrekin v Secretary of State for Communities & Local Government, Gladman Developments Ltd | | --- | --- | | ID20 | Peel v SSCHLG (2020) EWCA Civ 1175 | ANNEX D LIST OF DOCUMENTS REQUESTED BY THE INSPECTOR AND SUBMITTED AFTER THE CLOSE OF THE ORAL SESSIONS OF THE INQUIRY
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington ANNEX D LIST OF DOCUMENTS REQUESTED BY THE INSPECTOR AND SUBMITTED AFTER THE CLOSE OF THE ORAL SESSIONS OF THE INQUIRY | Inquiry Document (ID) | Description of Document | | --- | --- | | ID21 | Updated Draft Section 106 Agreement following RTS discussions | | ID22 | Agreed schedule of suggested planning conditions | | ID23 | Signed Agreement dated 18 November 2025 pursuant to pursuant to Section 106 of the Town and Country Planning Act 1990 | https://www.gov.uk/planning-inspectorate 42
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington https://www.gov.uk/planning-inspectorate 42
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 ANNEX E SCHEDULE OF CONDITIONS TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS Time limit (outline) 1) Application for approval of all the reserved matters for at least the first 100 dwellings (plus associated public open space) shall be made to the Local Planning Authority before the expiration of two years from the date of this permission and applications for approval of all the reserved matters for the remainder of the site shall be made to the Local Planning Authority before the expiry of ten years from the date of this permission. Phase 1 of the development hereby permitted shall be begun before the expiration of four years from the date of this permission. Subsequent phases shall all be begun before the expiration of two years from the date of approval of each respective reserved matters to be approved. Reserved matters 2) Details of the layout, scale, appearance and landscaping for each phase or sub- phase (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place on that particular phase or sub-phase and the development shall be carried out as approved.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Approved plans 3) The development shall be carried out in accordance with the approved plans and details unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended). The approved plans and details are: Drawing No. ASH105 1003E (Site Location Plan) Drawing No. ASH105 3502D (Parameters Plan) Drawing No. P19-2224 Figure 5.2 rev A (proposed southern site access arrangements) Drawing No. P19-2224 Figure 6.5 rev B (proposed non-motorised road-user improvements on Banbury Road) Drawing No. P19-2224 Figure 5.1 rev B (proposed northern access arrangement) Drawing No. P19-2224 SK24 rev B (potential footway/cycleway link on Halse Road) Drawing No. 5028761/RDG/ZZ/XX/D/C/520501 rev P02 (proposed drainage strategy plan) The development shall also be carried out in general accordance with Drawing No. ASH105 3202N (Concept Masterplan). https://www.gov.uk/planning-inspectorate 43
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 Phasing Plan 4) No part of the development shall take place until a phasing plan identifying each phase or sub-phase of development has been submitted to and approved in writing by the Local Planning Authority. Such plan shall include the anticipated timing for the delivery of each phase or sub-phase in accordance with other conditions attached to this planning permission and the obligations set out in the S106 Agreement. Each reserved matters application shall refer to the relevant phase identified in the approved phasing plan. Quantum of development 5) No more than 700 dwellings shall be accommodated on the site. Northern access 6) Prior to the first occupation of any dwelling hereby permitted the scheme of works to create the northern access (on to Halse Road) in general accordance with Drawing No. P19-2224 Figure 5.1 rev B (proposed northern access arrangement) and Drawing No. P19-2224 SK24 rev B (potential footway/cycleway link on Halse Road) shall be complete and open to traffic.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Southern access 7) Prior to the occupation of the 125th dwelling hereby permitted, and in accordance with the phasing plan to be approved, the scheme of works to create the southern highway access (from the A422) in general accordance with Drawing No. P19- 2224 Figure 5.2 rev A (proposed southern site access arrangements) and Drawing No. P19-2224 Figure 6.5 rev B (potential alternative non-motorised road- user improvements on Banbury Road), shall be completed and open to all traffic.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Southern access 7) Prior to the occupation of the 125th dwelling hereby permitted, and in accordance with the phasing plan to be approved, the scheme of works to create the southern highway access (from the A422) in general accordance with Drawing No. P19- 2224 Figure 5.2 rev A (proposed southern site access arrangements) and Drawing No. P19-2224 Figure 6.5 rev B (potential alternative non-motorised road- user improvements on Banbury Road), shall be completed and open to all traffic.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Site clearance 8) All site clearance (including the removal of or works to hedgerows or trees) should be timed so as to avoid the bird nesting season, this being during the months of March until July inclusive unless alternative provisions have been previously approved in writing by the Local Planning Authority Ecological survey 9) The development hereby permitted shall be carried out in accordance with the recommendations, mitigation measures and enhancements set out in Chapter 8: Ecology and Nature Conservation of the Land West of Brackley, Northamptonshire Environmental Statement, by Pegasus Group, dated 16th April 2021, Addendum to the Environmental Statement – Chapter 8 Ecology and Nature Conservation by Pegasus Group (P19-2224_08_Add_ecology_180924) and its supporting appendices and survey reports, unless otherwise approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 44
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 Ecology check 10) Prior to, and within twelve months of, the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme. GCN District Licence 1 11) No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s Organisational Licence (WML-OR151, or a ‘Further Licence’) and with the proposals detailed on plan "Land West of Brackley: Impact plan for great crested newt District Licensing (Version 2)", dated 9th July 2025. Drainage strategy 12) All subsequent reserved matters applications for each phase or sub-phase shall be accompanied by an updated drainage strategy.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Development shall be implemented in general accordance with the originally approved drainage strategy (Drawing No. 5028761/RDG/ZZ/XX/D/C/520501 rev P02) except as necessary to accord with the subsequently updated strategy as shall be approved in writing by the Local Planning Authority as part of the reserved matters. CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BEFORE ANY DEVELOPMENT COMMENCES GCN District Licence 2 13) No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR151, or a ‘Further Licence’), confirming that all necessary measures regarding great crested newt compensation have been appropriately dealt with, has been submitted to and approved in writing by the Local Planning Authority. Shall approval shall provide authorisation for the development to proceed under the district newt licence. The delivery partner certificate must be submitted to The Local Planning Authority for approval prior to the commencement of the development.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Archaeology 14) No development on the relevant phase or sub-phase shall take place within the area of archaeological interest until details of a programme of archaeological work have been submitted to and approved in writing by the Local Planning Authority. This written scheme shall include the following components, completion of each of which will trigger the phased discharging of the condition: i. Approval of a Written Scheme of Investigation; ii. Fieldwork in accordance with the approved Written Scheme of Investigation; https://www.gov.uk/planning-inspectorate 45
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Archaeology 14) No development on the relevant phase or sub-phase shall take place within the area of archaeological interest until details of a programme of archaeological work have been submitted to and approved in writing by the Local Planning Authority. This written scheme shall include the following components, completion of each of which will trigger the phased discharging of the condition: i. Approval of a Written Scheme of Investigation; ii. Fieldwork in accordance with the approved Written Scheme of Investigation; https://www.gov.uk/planning-inspectorate 45
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 iii. Completion of a Post-Excavation Assessment report to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority; iv. Completion of analysis, preparation of site archive ready for deposition at Northamptonshire ARC (or other location approved by the Local Planning Authority), production of an archive report, and submission of a publication report: to be completed within two years of the completion of fieldwork, unless otherwise agreed in writing by the Local Planning Authority. The approved archaeological works in relation to (i) and (ii) above shall be completed in accordance with the approved details prior to the commencement of any development within those respective parts of the site. Construction and Environmental Management Plan (CEMP) 15) No development shall take place, until a Construction and Environmental Management Plan (for each respective phase or sub-phase) has been submitted to and approved in writing by the Local Planning Authority. The submission shall include the following details: i. The parking of vehicles of site operatives and visitors; ii. The routing of HGVs to and from the site; iii.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Loading and unloading of plant and materials; iv. Storage of plant and materials used in constructing the development (including any materials or liquids with the potential of causing contamination); v. The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; vi. A scheme for the prevention of mud being deposited on the public highway which may include wheel washing facilities and / or road sweeping; vii. Measures to control the emission of dust and dirt during construction; viii. A scheme for recycling/ disposing of waste resulting from the construction works; ix. Details of any temporary construction access; and, x. A noise and vibration risk assessment and mitigation measures as necessary. The approved Construction and Environmental Management Plan shall be adhered to throughout the construction period of the development.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Tree protection 16) No development shall take place until the existing trees and hedges to be retained have been protected in accordance with the Tree Constraints Plan contained within Preliminary Arboricultural Appraisal Report ref: 2025_Fv1 and in the following manner unless otherwise approved in writing by the Local Planning Authority; https://www.gov.uk/planning-inspectorate 46
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Tree protection 16) No development shall take place until the existing trees and hedges to be retained have been protected in accordance with the Tree Constraints Plan contained within Preliminary Arboricultural Appraisal Report ref: 2025_Fv1 and in the following manner unless otherwise approved in writing by the Local Planning Authority; https://www.gov.uk/planning-inspectorate 46
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 i. Protective barriers shall be erected around the trees to a distance not less than a radius of 12 times the trunk diameter when measured at 1.5m above natural ground level (on the highest side) for single stemmed trees and for multi-stemmed trees 10 times the trunk diameter just above the root flare. ii. The barriers shall comply with the specification set out in British Standard BS5837:2012 ‘Trees in Relation to Construction – Recommendations’ that is steel mesh panels at least 2.3m tall securely fixed to a scaffold pole framework with the uprights driven into the ground a minimum of 0.6m depth and braced with additional scaffold poles between the barrier and the tree[s] at a minimum spacing of 3m. iii. The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development [and / or demolition] and shall be maintained until all equipment, machinery and surplus material has been removed from the site. iv.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Nothing shall be stored or placed within the areas protected by the barriers erected in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made, without the prior written approval of the Local Planning Authority. Drainage outfall 17) No development shall commence on a phase or sub-phase until the following drainage outfall details for that phase or sub-phase have been submitted to and approved in writing by the Local Planning Authority. These shall include: i. Details for the outfall location(s). ii. Confirmation that any agreements required with third parties (e.g. highway authorities) for the outfall location(s) to be implemented are secured. iii. Confirmation that the proposed outfall location(s) have capacity for the proposed discharge rates and volumes and are in a suitable condition. iv. A survey (CCTV drainage survey or similar) of the existing receiving drainage network, evidencing the condition of existing assets downstream of the site (the scope of which shall be agreed in writing with the Local Planning Authority).
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Surface water drainage management 18) No development shall take place until details of the management of surface water on site during construction (including individual phases of development) have been submitted to and approved in writing by the Local Planning Authority. Total surface water discharge rates during construction (including any groundwater dewatering flows) are not to exceed the rates set out within the approved drainage strategy. Thereafter, the development shall be carried out in accordance with the details approved. Habitat Management and Monitoring Plan 19) Prior to the commencement of each phase or sub-phase (including ground works and vegetation clearance) a Habitat Management and Monitoring Plan (HMMP) for the retained, enhanced and created habitats, including the on and off-site https://www.gov.uk/planning-inspectorate 47
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 biodiversity net gain provision, shall be submitted to, and be approved in writing by, the Local Planning Authority. The content of the HMMP shall follow that of the published Natural England/DEFRA HMMP template (JP058), as amended, and include as a minimum the following; i. Description and evaluation of features to be managed. ii. Ecological trends and constraints on site that might influence management. iii. Detailed design for off site BNG provision (if relevant). iv. Aims and objectives of management. v. Appropriate management options for achieving aims and objectives. vi. Prescriptions for management actions including initial aftercare and long- term maintenance. vii. Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period) demonstrating that works are aligned with the proposed phasing of development. viii. Details of the body or organisation responsible for implementation of the plan. ix.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Ongoing monitoring and remedial measures including years 1, 2, 3, 5 and then every 5 year monitoring cycle of Biodiversity Net Gain provision with timescales identified for the results to be provided to the Local Planning Authority. The plan shall also set out (where the results from monitoring show that conservation aims and objectives set out in the approved HMMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan shall be implemented for each phase / sub-phase in accordance with the approved details. Protected Species mitigation 20) Prior to the commencement of the development hereby approved, including any site clearance, a mitigation strategy for protected species, which shall include details of a recent survey (no older than six months), whether a development licence is required and the location and timing of the provision of any protective measures around specific habitats, shall be submitted to and approved in writing by the Local Planning Authority.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Thereafter, the development shall be carried out in accordance with the approved details. CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE SPECIFIC CONSTRUCTION WORKS TAKE PLACE Surface water drainage 21) No above ground works shall take place until full details of the surface water drainage scheme for the site, based on the approved drainage strategy (Drawing https://www.gov.uk/planning-inspectorate 48
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Thereafter, the development shall be carried out in accordance with the approved details. CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE SPECIFIC CONSTRUCTION WORKS TAKE PLACE Surface water drainage 21) No above ground works shall take place until full details of the surface water drainage scheme for the site, based on the approved drainage strategy (Drawing https://www.gov.uk/planning-inspectorate 48
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 No. 5028761/RDG/ZZ/XX/D/C/520501 rev P02), have been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented and maintained in accordance with the approved details. The submitted details shall include: i. Details of all sustainable drainage systems which will be implemented across the site, to include details of the drainage hierarchy (including infiltration testing) which shall be compliant with the latest National Standards for Sustainable Drainage Systems. ii. Information about the design storm period and intensity, the method to be employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving system. iii. Details (i.e. designs, diameters, invert and cover levels, gradients, dimensions etc.) of all elements of the proposed drainage system, to include pipes, inspection chambers, outfalls/inlets and attenuation basins. iv. Full and appropriately cross-referenced supporting calculations, including an appropriate allowance for climate change.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Calculations shall be based on FEH22 (or the most recent available data) and shall be calculated based on the proposed roofs and hardstanding, and an allowance for runoff from greenspaces. v. Cross sections of all control chambers (including site specific levels mAOD) and manufacturers hydraulic curves for all hydrobrakes and any other flow control devices. vi. Demonstration that exceedance flow routes are appropriately routed such that there is no residual risk to property and critical infrastructure. vii. Evidence that all surface storage features provide an appropriate residual uncertainty allowance (freeboard) above the design maximum water level to top of bank and to finished floor levels around the site. viii. A timetable for the implementation of the drainage scheme. ix.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington A detailed management and maintenance plan for the lifetime of the development, which shall include, for every element of the system, the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure operation of the scheme throughout its lifetime, details of any drainage elements that will require replacement within the lifetime of the proposed development, and a plan showing access, easements, and maintenance operational areas. Above ground storage of water shall only be accepted in areas designated for this use, and will not be accepted in car parks, loading bays, or other areas subject to vehicle movements. Foul water drainage 22) No building shall be constructed above slab level on any phase or sub-phase until a scheme for the provision and implementation of foul water drainage (including connection point(s) and discharge rate) has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be constructed https://www.gov.uk/planning-inspectorate 49
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 and completed in accordance with the approved plans before the first occupation of any of the dwellings hereby approved. CEMP: Biodiversity 23) No development shall take place (including ground works and vegetation clearance) on each phase or sub-phase until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include detail of: i. Risk assessment of construction activities which have the potential to harm or injure wildlife (including protected species); ii. Identification of ‘Biodiversity Protection Zones’; iii. Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts to sensitive ecological receptors during construction (to be provided as a set of method statements); iv. The location and timing of sensitive works to avoid harm to biodiversity features; v. The times during construction when specialist ecologists need to be present on site to oversee works; vi. Responsible persons and lines of communication; vii.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; and, viii. Location of and details of protective fences, exclusion barriers and warning signs The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Lighting (biodiversity) 24) With each submission of reserved matters for each phase or sub-phase a "Lighting Design Strategy for Biodiversity" relating to street lighting and public lighting shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall: i. Identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and ii.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. https://www.gov.uk/planning-inspectorate 50
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. https://www.gov.uk/planning-inspectorate 50
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without the prior approval of the Local Planning Authority. Noise mitigation 25) Each reserved matters application relating to residential uses for each phase or sub-phase of the approved development shall include a noise mitigation scheme to protect residential amenities from noise sources affecting the site, as detailed in the Noise & Environmental Assessment of the Environmental Statement, which shall be submitted to and approved in writing by the Local Planning Authority. The noise mitigation scheme for dwellings that will be situated close to the proposed Sports Pitches and/or existing Rugby Club scheme shall also take into consideration potential impacts from these sources, with additional noise assessments being provided, as detailed in sections 11.4.58 to 11:04:66 and 11.4.67 to 11.6.80 of the Noise & Vibration Assessment of the Environmental Statement.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Thereafter, the proposed noise mitigation scheme shall be completed in accordance with the approved details before each respective dwelling is first occupied. Fire hydrants 26) No occupation shall take place on a phase or sub-phase until a scheme and timetable detailing the provision of fire hydrants and their associated infrastructure has been submitted to and approved in writing by the Local Planning Authority. The fire hydrants and associated infrastructure shall thereafter be provided in accordance with the approved scheme and timetable. Bus stops 27) The development shall provide two pairs of bus stops which shall be located on the main internal spine road and/or on the A422 or Banbury Road in close proximity to the site's southern boundary. Details of the first pair of bus stops (including location, shelters, cycle storage (if necessary) and a timetable for installation) shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any dwelling. Thereafter, the bus stops shall be installed in accordance with the approved details and timetable.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Details of the second pair of bus stops (including location, shelters, cycle storage (if necessary) and a timetable for installation) shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the 400th dwelling. Thereafter, the bus stops shall be installed in accordance with the approved details and timetable. CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE OCCUPATION Off-Site Highway Improvements 28) Prior to the first occupation of any dwelling a S278 application shall be submitted to and approved in writing by the Local Planning Authority which includes proposals for providing Tactile Paving in the following locations: https://www.gov.uk/planning-inspectorate 51
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 i. all arms of the Prices Way/Humphries Drive roundabout ii. all arms of the Rose Drive/Humphries Drive/Somerville Road roundabout; and iii. all arms of the Somerville Road/Brasenose Drive/Nuffield Close roundabout Thereafter, the tactile paving shall be provided in all locations prior to the occupation of the 350th dwelling. Off-Site Highway Improvements 29) Prior to the first occupation of any dwelling a scheme providing for refreshed markings at zebra crossings shall be submitted to and approved in writing by the Local Planning Authority for the following locations: i. to the south of Somerville Road on Pavilions Way; and ii. to the south of Humphries Drive on Pavilions Way Thereafter, the refreshed marking shall be provide din accordance with the approved scheme. Surface water drainage verification 30) Prior to first occupation of a dwelling in any phase or sub-phase, a Verification Report for the installed surface water drainage system for that phase or sub- phase shall be submitted to and approved in writing by the Local Planning Authority.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington The Verification Report shall be carried out by a suitably competent person and must demonstrate that the constructed drainage system is in compliance with the approved drainage strategy for that phase or sub-phase. These shall include: i. As-built drawings. ii. Construction photos of any elements of the drainage system which would not be accessible for inspection upon completion. iii. Evidence that any departure from the agreed design is keeping with the approved principles and does not increase flood risk or pollution potential. iv. Copies of any Statutory Approvals, such as Land Drainage Consent. v. Evidence (by way of CCTV or similar) that the entire system is free from defects, damage, and foreign objects. vi. Provide GIS (.shp) files or national grid references of key drainage elements such as, but not restricted to, areas for attenuation, flow control devices and outfalls. vii. Confirmation of the competency of the person undertaking the Verification assessment.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington In the event that the constructed drainage system is demonstrated to have not been constructed in accordance with the approved drainage strategy, the submission shall include details of the works necessary to rectify the situation, including a timescale for completing any such works. Thereafter, the rectification https://www.gov.uk/planning-inspectorate 52
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington In the event that the constructed drainage system is demonstrated to have not been constructed in accordance with the approved drainage strategy, the submission shall include details of the works necessary to rectify the situation, including a timescale for completing any such works. Thereafter, the rectification https://www.gov.uk/planning-inspectorate 52
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Appeal Decision APP/W2845/W/25/3367158 works shall be completed in accordance with the details approved and within the timescale approved. Interpretation boards 31) No dwelling hereby approved shall be occupied until details of interpretation boards (including the content/artwork, lectern/stand, and location of installation), to explain to visitors/residents the wildlife of the retained Local Wildlife Site habitats, has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the interpretation board shall be installed as approved prior to the occupation of the 250th dwelling. EV charging 32) No dwelling hereby permitted (with a garage or driveway) shall be occupied until it has been provided with electric charging equipment of 7.2 kW (or equipment providing for no lesser standard of efficiency) to serve that dwelling. Construction hours 33) No construction work including site clearance and delivery of materials shall be carried out except between the hours of 07.30 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturdays and at no times on Sundays, Bank and Public Holidays.
Land to the west of Brackley, NN13 6FA, Brackley, NN13 6FA — West Northamptonshire — Stephen Normington Unexpected contamination 34) If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details. https://www.gov.uk/planning-inspectorate 53
Main issues and findings
Affordable housing For appellant ¶34
The proposed development includes 280 affordable homes, which meets the required percentage of the overall number of dwellings.
Other For appellant ¶69
The appeal site is immediately adjacent to the settlement boundary and in a sustainable location adjacent to Brackley, which is a rural service centre.
Other Neutral ¶69
The Transportation SoCG confirms that there is no disagreement between the main parties that the appeal site is sustainable in terms of general location and that the proposed access points for the appeal scheme would be appropriate in terms of safety and operation of the local highway network.
Other Against appellant ¶65
The Council is unable to demonstrate a five-year housing land supply, which engages the 'tilted' balance set out in paragraph 11(d) of the Framework, and the most important policies for determining this appeal should therefore be deemed out of date.
Policies relied on
| Reference | Weight |
|---|---|
| WNJCS Policy S1 |
Limited |
| LPP2 Policy SS1 |
Limited |
| Paragraph 11(d) of the Framework |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 53 pages, issued by the Planning Inspectorate on 19 March 2026 under the Open Government Licence.