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Allowed5 September 20223287625

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

Planning appeal 3287625 at Land at Oak Close, Castle Gresley, Swadlincote, Derbyshire, DE11 9JD (South Derbyshire District Council) was allowed on 5 September 2022 by Inspector McDonagh C, by written representations. The main issue, as the Inspector framed it: the effects of the proposal on the character and appearance of the area.

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.

What the Inspector cited

Development plan policies
Policy H23Policy H23JPolicy S2Policy H20Policy BNE1Policy SD1Policy INF1Policy INF2Policy INF6Policy INF9Policy S1Policy S6Policy H21
National Planning Policy Framework
Paragraph 56
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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 South Derbyshire

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

  1. Allowed23 September 20266011093
    Land Adjacent to 7 & 8 Slade Close, Etwall, DE65 6JH
  2. Notice varied and upheld3 September 20263378427
    Land to the South of Woodville Road, Swadlincote, DE12 6LY
  3. Allowed6 January 20263368728
    Land South of Kings Newton Lane, Melbourne, Derbyshire, DE73 8DD
  4. Allowed15 December 20253369340
    Fairfields Farm, Rosliston Road, Walton-On-Trent, Swadlincote, DE12 8LR
  5. Allowed28 November 20253370609
    Land to the North of Main Street, Walton Upon Trent , DE15 9TY

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.