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Planning appeal decision

Notice varied and upheld7 June 20213251536

Land At Sk2913 6212, Acresford Road, Netherseal, Swadlincote, DE12 8AP

Planning appeal 3251536 at Land At Sk2913 6212, Acresford Road, Netherseal, Swadlincote, DE12 8AP (South Derbyshire District Council) was allowed in part (a split decision) on 7 June 2021 by Inspector Dyer S, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the landscape character of the surrounding area.

extension of existing Traveller pitch to create additional pitch and erection of amenity building and associated parking area

Authority
South Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Dyer S
Postcode
DE12 8AP

Main issues, as the Inspector framed them

  • The effect of the development on the landscape character of the surrounding area
  • The effect of the development on the River Mease Special Area of Conservation (the SAC)
  • Whether or not there are any material considerations, including Planning Policy for Travellers Sites (PPTS) which outweigh any harm which arises from the development

What decided it

Whether the harm to landscape character arising from the site's layout, levels and hard surfacing could be reliably controlled and mitigated through approved plans and conditions determined the differing outcomes of the two appeals.

In Appeal A, the significant weight attached to unmitigated landscape harm outweighed the benefits of meeting gypsy/traveller need, lack of alternative accommodation and the appellant's personal circumstances, so the appeal was dismissed; in Appeal B, the reduced and controllable landscape harm, together with no harm to the SAC, meant the proposal accorded with the development plan and the benefits in favour of the scheme supported allowing the appeal.

What the Inspector cited

Development plan policies
Policy BNE3Policy BNE4Policy BNE5Policy H22

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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More decisions in South Derbyshire

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

  1. Allowed23 September 20266011093
    Land Adjacent to 7 & 8 Slade Close, Etwall, DE65 6JH
  2. Notice varied and upheld3 September 20263378427
    Land to the South of Woodville Road, Swadlincote, DE12 6LY
  3. Notice upheld4 August 20263364229
    Morcar Wood, Grangewood, Netherseal, Swadlincote, DE12 8BH
  4. Quashed On Legal Grounds25 February 20263343128
    Reata Car Storage, Etwall Road, Willington, Derby, DE65 6HE
  5. Allowed6 January 20263368728
    Land South of Kings Newton Lane, Melbourne, Derbyshire, DE73 8DD

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.