Land at Thornbridge Hall, Baslow Road, Ashford-in-the-Water, DE45 1NZ

Planning appeal 3279072 at Land at Thornbridge Hall, Baslow Road, Ashford-in-the-Water, DE45 1NZ (Peak District) was allowed on 23 March 2023 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the surrounding area taking into account: the special regard to the desirability of preserving the setting of nearby listed buildings and the contribution that setting makes to their significance; the special interest and significance of the Registered Park and Garden and the special attention to the desirability of preserving or enhancing the character or appearance of the Thornbridge Conservation Area and its significance; its effect on trees; conserving and enhancing the natural, landscape and scenic beauty of the Peak District National Park; and potential features of archaeological interest.

Construction of driveways (A and B) with soil bunds, a car park with soil bunds, hardsurfacing, a building (café), and fences including gateways and stiles at Thornbridge Hall parkland and gardens

Authority: Peak District
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: leisure-sport · Other minor developments
Inspector: Boffin D
Postcode: DE45 1NZ

Main issues, as the Inspector framed them

The effect of the development on the character and appearance of the surrounding area taking into account: the special regard to the desirability of preserving the setting of nearby listed buildings and the contribution that setting makes to their significance; the special interest and significance of the Registered Park and Garden and the special attention to the desirability of preserving or enhancing the character or appearance of the Thornbridge Conservation Area and its significance; its effect on trees; conserving and enhancing the natural, landscape and scenic beauty of the Peak District National Park; and potential features of archaeological interest

What decided it

The Inspector found that the wide-ranging package of public benefits, in particular the heritage repair and management secured through the unilateral undertaking and Conservation Management Plan and the substantial increase in public access to the heritage assets, outweighed the less than substantial harm caused to the significance of the designated and non-designated heritage assets and the PDNP landscape.

The less than substantial harm to the significance of the listed buildings, RPG, TCA and non-designated archaeological assets, and the associated harm to the natural, landscape and scenic beauty of the PDNP, was outweighed—on a fine balance—by the very significant package of heritage, social and economic public benefits flowing from the development.

What the Inspector cited

Development plan policies: Policy GSP1Policy GSP2Policy GSP3Policy L1Policy L2Policy L3Policy RT1Policy E2Policy DMC1Policy DMC3Policy DMC5Policy DMC7Policy DMC8Policy DMC9Policy DMC11Policy DMC13Policy DME7
National Planning Policy Framework: Paragraph 56Paragraph 57Paragraph 199Paragraph 202Paragraph 203Paragraph 205
Judgments: Hampshire CC & the Open Spaces Society & Others v SSEFRA & Blackbushe Airport Ltd [2020] EWHC 959 (Admin), [2021] EWCA 398, [2020] JPL 1359; Methuen-Campbell v Walters [1979] 2 QB 525; Dyer v Dorset County Council [1989] 1 QB 346; Attorney-General ex rel Sutcliffe v Calderdale BC (1983) 46 P&CR 399; Skerritts of Nottingham Ltd v SSETR [2001] QB 59; Challenge Fencing Ltd v SSHCLG [2019] EWHC 553 (Admin); Watson-Smyth v Secretary of State for the Environment (1992) 64 P&CR 156; Lowe v First Secretary of State [2003] EWHC 537 (Admin); Buck d. Whalley v Nurton (1797) 1B & P 53

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 authority’s record since 2016 · every decision in 2023

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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.