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Planning appeal decision

Notice varied and upheld8 November 20213215789

Land at Mickleden Edge, Midhope Moor, Bradfield, South Yorkshire, S36 4GX

Planning appeal 3215789 at Land at Mickleden Edge, Midhope Moor, Bradfield, South Yorkshire, S36 4GX (Peak District) was allowed in part (a split decision) on 8 November 2021 by Inspector Dignan P, following an inquiry. The main issue, as the Inspector framed it: The impact on the landscape and scenic beauty of the National Park.

without planning permission, engineering operations consisting of the laying of geotextile matting and wooden log rafts on the land to form a track

Authority
Peak District
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Other minor developments
Inspector
Dignan P

Main issues, as the Inspector framed them

  • The impact on the landscape and scenic beauty of the National Park.
  • Whether the development is permissible in the Natural Zone.
  • Whether the development has implications for biodiversity.

What decided it

The unresolved conflict with development plan policies protecting landscape character, the Natural Zone and biodiversity, including a credible risk to qualifying habitat features that could not be ruled out, outweighed the limited benefits of retaining the track.

The harm to landscape character and scenic beauty, conflict with Natural Zone policy, and the credible risk to biodiversity features outweighed the limited and uncertain benefits of retaining the track (including possible future restoration use and wildfire access), so the appeal on ground (a) failed.

What the Inspector cited

Development plan policies
Policy GSP1Policy GSP2Policy L1Policy DMC1Policy DMC2Policy L2Policy DMC11Policy DMC12
National Planning Policy Framework
Paragraph 176
Judgments
McKay v Secretary of State for the Environment and others, [1994] JPL 806; South Hams DC v Halsey [1996] JPL 761; Mr Felix Cash v Wokingham BC [2014] EWHC 3748 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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3 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in Peak District

The authority’s record since 2016 · every decision in 2021

  1. Notice upheld23 July 20263364767
    Land Adjacent to B6054, East of Owler Bar, Holmesfield, S17 3BP
  2. Notice varied and upheld6 May 20263372929
    Land Adjacent to B6051 and A621 South of Owler Bar, Horsleygate Road, Owler Bar, Holmesfield, Sheffield, S17 3BP
  3. Notice varied and upheld2 February 20263364823
    Cornfield Barn, Lyme Handley, Whaley Bridge, High Peak, SK23 7BT
  4. Quashed On Legal Grounds21 January 20253346264
    Manor House, Little Hucklow, Buxton, SK17 8RT
  5. Notice upheld17 January 20253345215
    The Bank House Bar & Restaurant Ltd, Bank House Main Road, Hathersage, Hope Valley, S32 1BB

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.