®Planning appeal decision
Land at Brindwood House, Millthorpe Lane, Holmesfield, Derbyshire, S18 7SA
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
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
Framework references: 174
Plan policies cited: Policy SS10, Policy SDC3, Policy SS9
Judgments cited: Mansell v Tonbridge & Malling BC [2017] EWCA Civ 1314; Emin v SSE and Mid Sussex DC [1989] JPL 909
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.