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Planning appeal decision

Allowed5 September 20223287625

Land at Oak Close, Castle Gresley, Swadlincote, Derbyshire, DE11 9JD

100% affordable 70 unit residential scheme with associated works

Authority
South Derbyshire District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
McDonagh C

Main issues, as the Inspector framed them

  • the effects of the proposal on the character and appearance of the area
  • whether sufficient contributions for offsite infrastructure and service provisions are provided

What decided it

The provision of 70 wholly affordable dwellings, with 49 units exceeding the policy requirement of 21, addressing significant affordable housing need and underdelivery in the district, outweighed the shortfall in developer contributions and the development plan conflict.

The very substantial benefits of delivering 70 affordable homes (49 above the policy-compliant 21 required), addressing significant affordable housing need and underdelivery, together with public open space, forest planting and drainage benefits, outweighed the development plan conflict arising from insufficient developer contributions.

Framework references: 56

Plan policies cited: Policy H23, Policy H23J, Policy S2, Policy H20, Policy BNE1, Policy SD1, Policy INF1, Policy INF2, Policy INF6, Policy INF9, Policy S1, Policy S6, Policy H21

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.