Land off Chatburn Old Road, Chatburn, Lancashire, BB7 4AF

Planning appeal 3243448 at Land off Chatburn Old Road, Chatburn, Lancashire, BB7 4AF (Lancashire County Council) was allowed on 7 July 2021 by Inspector Savage M, following a hearing. The main issue, as the Inspector framed it: The main issue in relation to the appeals is the effect of the appeal scheme on biodiversity, with particular regard to unimproved calcareous grassland.

the importation of soils for use in ground stabilisation and landscaping works associated with the consented residential development

Authority: Lancashire County Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: minerals-waste · Other minor developments
Inspector: Savage M

Main issues, as the Inspector framed them

The main issue in relation to the appeals is the effect of the appeal scheme on biodiversity, with particular regard to unimproved calcareous grassland.

What decided it

The appellant's submission of a Unilateral Undertaking securing compensatory calcareous grassland provision addressed the significant harm to biodiversity that would otherwise have justified refusal.

The economic and social benefits of supporting the Hare Hill Croft development were, on their own, insufficient to outweigh the significant harm to biodiversity from loss of priority calcareous grassland, but the compensatory Unilateral Undertaking removed that harm and tipped the balance in favour of allowing both appeals.

What the Inspector cited

Development plan policies: Policy EN4Policy DME3Policy DM2
National Planning Policy Framework: Paragraph 175Paragraph 56
Judgments: R v Basildon DC, Ex Parte Martin Grant Homes [1987] JPL 863; West Bowers Farm Products v Essex County Council (1985)

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.

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The decision letter

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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.