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Dismissed11 March 20223257059

Woodside, Hackney Lane, Nesfield, Barlow, Dronfield, S18 7TB

Planning appeal 3257059 at Woodside, Hackney Lane, Nesfield, Barlow, Dronfield, S18 7TB (North East Derbyshire District Council) was dismissed on 11 March 2022 by Inspector Coyne C, following a hearing. The main issue, as the Inspector framed it: whether the proposal would represent inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.

described on the application form as ‘Redevelopment of large bungalow and outbuildings for five small bungalows and related infrastructure

Authority
North East Derbyshire District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Coyne C
Postcode
S18 7TB

Main issues, as the Inspector framed them

  • whether the proposal would represent inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • the effect of the proposed development on the character and appearance of the area and its landscape
  • if the proposal is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The substantial harm from inappropriate development and loss of openness in the Green Belt, combined with harm to character and appearance and the isolated location, was not clearly outweighed by the other considerations so as to amount to very special circumstances.

the substantial Green Belt harm by reason of inappropriateness, together with the harm to character and appearance and the isolated location, was not clearly outweighed by the other considerations (each given only limited weight), so very special circumstances did not exist and the balance tipped against the proposal

What the Inspector cited

Development plan policies
Policy SS1Policy SS2Policy SS9Policy SS10Policy SDC3
National Planning Policy Framework
Paragraph 147Paragraph 149Paragraph 130Paragraph 174Paragraph 80Paragraph 105
Judgments
Sinclair-Lockhart's Trustees v Central Land Board [1950] 1 P&CR 195; Methuen-Campbell v Walters [1979] 1 QB 525; Burford v SSCLG & Test Valley BC [2017] EWHC 1493 (Admin); Skerritts of Nottingham Ltd v SSETR (No. 1) [2000] EWCA Civ 60, [2001] JPL 1025; HM Attorney-General ex rel Sutcliffe & Rouse & Hughes v Calderdale BC [1983] JPL 310; Hampshire CC v SOSSER 2020 EWHC 159; Braintree District Council v SSCLG Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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 North East Derbyshire

The authority’s record since 2016 · every decision in 2022

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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.

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.