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Allowed17 September 20213265602

Garner Holdings Ltd, 1 New Winnings Court Ormonde Drive, Denby Hall Business Park, Denby, Ripley, DE5 8LE

Planning appeal 3265602 at Garner Holdings Ltd, 1 New Winnings Court Ormonde Drive, Denby Hall Business Park, Denby, Ripley, DE5 8LE (Amber Valley Borough Council) was allowed on 17 September 2021 by Inspector Dillon C, following an inquiry. The main issue, as the Inspector framed it: whether or not the appeal proposal is inappropriate development in the Green Belt for the purposes of the Framework and development plan policies.

an extension to Denby Hall Business Park comprising the construction of new B1/B2/B8 use units

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Dillon C
Postcode
DE5 8LE

Main issues, as the Inspector framed them

  • whether or not the appeal proposal is inappropriate development in the Green Belt for the purposes of the Framework and development plan policies
  • the effect of the appeal proposal on the openness of the Green Belt
  • whether or not there is any other harm that would result from the appeal proposal
  • whether or not any other considerations exist and the weight that should be afforded to them
  • if the proposal is inappropriate development, whether or not any harm to the Green Belt by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the appeal proposal

What decided it

The very significant, locally-specific economic and business clustering benefits, which could not be achieved on any alternative non-Green Belt site, clearly outweighed the Green Belt and other identified harms, establishing very special circumstances.

The very substantial economic, social and environmental benefits, combined with the lack of alternative non-Green Belt sites, clearly outweighed the harm by reason of inappropriateness, the limited harm to Green Belt openness and the low level of harm to the PROW network, amounting to very special circumstances that justified allowing the development notwithstanding conflict with the development plan.

What the Inspector cited

Development plan policies
Policy EN1Policy EN2Policy EN7Policy LS3Policy TP1Policy TP2Policy TP6Policy EN16Policy ER11Policy EN15Policy EN13Policy EN24
National Planning Policy Framework
Paragraph 149Paragraph 150Paragraph 147Paragraph 174Paragraph 111Paragraph 180Paragraph 148Paragraph 81Paragraph 83Paragraph 11

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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More decisions in Amber Valley

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

  1. Allowed7 April 20266003010
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  3. Allowed3 June 20253354061
    Land Adjacent to Langley Mill Railway Station, Station Road, Langley Mill, Derbyshire, NG16 4BP
  4. Allowed20 March 20253340781
    Denby Hall Business Park - Flamstead House Hall Road, Denby, Ripley, Derbyshire, DE5 8JX
  5. Allowed20 March 20253340773
    Land To The West Of Denby Hall Business Park , Derby Road, Denby, DE5 8JY

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.