Planning appeal decision
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
- Authority
- Amber Valley Borough Council
- 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.
See how each was appliedThe decision letter
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The authority’s record since 2016 · every decision in 2021
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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.
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