®Planning appeal decision
Land at Mickleden Edge, Midhope Moor, Bradfield, South Yorkshire, S36 4GX
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.
Framework references: 176
Plan policies cited: Policy GSP1, Policy GSP2, Policy L1, Policy DMC1, Policy DMC2, Policy L2, Policy DMC11, Policy DMC12
Judgments cited: 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)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.