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Planning appeal decision

Notice varied and upheld4 January 20233288613

Land at Brindwood House, Millthorpe Lane, Holmesfield, Derbyshire, S18 7SA

Planning appeal 3288613 at Land at Brindwood House, Millthorpe Lane, Holmesfield, Derbyshire, S18 7SA (North East Derbyshire District Council) was allowed in part (a split decision) on 4 January 2023 by Inspector Murray J, following an inquiry. The main issue, as the Inspector framed it: the effect of the buildings on the openness of the GB.

without planning permission, the material change of use of a building to a use as a single dwellinghouse (use class C3), in the location shown filled purple on the attached plan1 (hereinafter referred to as “the Building”)

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Murray J
Postcode
S18 7SA

Main issues, as the Inspector framed them

  • the effect of the buildings on the openness of the GB
  • the effect of the buildings on the character and appearance of the landscape
  • whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development

What decided it

The limited weight attributable to the appellant's fallback PD rights position and the likelihood of open-air parking did not clearly outweigh the substantial harm from inappropriateness, loss of openness and landscape character harm, so very special circumstances did not exist.

the substantial harm by reason of inappropriateness, loss of openness and harm to landscape character was not clearly outweighed by the limited weight given to the fallback PD rights position and the likelihood of open parking, so the balance tipped against the appeal

What the Inspector cited

Development plan policies
Policy SS10Policy SDC3Policy SS9
National Planning Policy Framework
Paragraph 174
Judgments
Mansell v Tonbridge & Malling BC [2017] EWCA Civ 1314; Emin v SSE and Mid Sussex DC [1989] JPL 909

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 North East Derbyshire

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.

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.