Developer appeals after ‘cramped’ homes plan near Shepton Mallet is thrown out

By Daniel Mumby - Local Democracy Reporter 29th Jul 2025

Proposed site of 18 homes on Westway Lane in Shepton Mallet. CREDIT: Google Maps.
Proposed site of 18 homes on Westway Lane in Shepton Mallet. CREDIT: Google Maps.

'Cramped and awkward' homes could still be built on the edge of a small Somerset town after an appeal was lodged by the developer.

The Pegasus Planning Group applied in May 2022 to build 22 homes on Westway Lane in Shepton Mallet, including seven affordable properties – plans which were refused by Mendip District Council in late-September 2022.

Shepton Mallet LVALLP put forward amended proposals in September 2023, reducing the number of homes to 18 and creating a 'pocket park' for local people.

Somerset Council (which replaced the district council in April 2023) refused permission for these amended proposals in January 2025, arguing they would "result in a cramped and awkward development" in the open countryside.

The land promoter has now launched an appeal with the Planning Inspectorate in a bid to overturn this decision – with a final ruling being expected before the end of the year.

The new homes will be constructed on the western side of Westway Lane, with an attenuation pond being created at the northern end to reduce the risk of flooding.

The new pocket park would be in the centre of the development – though it will not include any children's play equipment, with the nearest play area being several minutes' walk away on Queen's Road.

A spokesman for Pegasus Planning (representing the applicant) said: "This scheme has been designed with a sense of ownership in mind.

"Public and private spaces are well-defined through the careful positioning of buildings.

"The streets and open space will benefit from the sense of safety and security afforded to them by natural surveillance from the enclosing buildings."

The plans were refused through the delegated powers of the council's planning officers, rather than a public decision by its planning committee east (which holds its monthly meetings in Shepton Mallet).

Chief planning officer Alison Blom-Cooper identified the following reasons to refuse permission:

  • The site lies within open countryside and "would result in a cramped and awkward development" with insufficient public open space
  • The developer has not provided a proper legal agreement for securing affordable housing within the site, along with contributions for local schools
  • The developer provided "insufficient information" regarding how the development would prevent additional damage to the Somerset Levels and Moors in the form of phosphate pollution

It is not clear how many of these grounds the council will actively seek to defend at the appeal.

The Planning Inspectorate has confirmed that this appeal will be settled through written representations, rather than an in-person public inquiry.

To make a formal representation to the inspector, visit www.acp.planninginspectorate.gov.uk and quote case reference number 3369557 by August 27.

The council is currently subject to numerous appeals within the former Mendip area, with public inquiries taking place over two key sites in Frome – one for the Selwood Garden Community of 1,700 homes (which begins on August 5), and one surrounding 74 homes and a children's home on Packsaddle Fields (which gets under way on August 12).

Appeal proceedings are also under way on several other sites within the former district, including proposals for 78 homes on Wookey Hole Road in Wells and a further 24 homes on Cullen Farm Road in Glastonbury.

The outcome of the Westway Lane appeal is expected to be published on the Planning Inspectorate's official website before Christmas.

     

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