®Planning appeal decision
Land to the South of HMP Gartree, Welland Avenue , Market Harborough , LE16 7RP
a new Category B prison of up to 82,555m2 GEA within a secure perimeter fence together with access, parking, landscaping and associated engineering works. Summary of Recommendation: The appeal be dismissed
- Authority
- Harborough District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- community-institutional · Other Major Developments
- Inspector
- Butcher H
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the surrounding area including the Lubenham and Gartree Area of Separation
- Whether the appeal site is a suitable location for the development having regard to accessibility and planning policy
What decided it
The significant weight given to the urgent and unmet national need for Category B prison training places, together with the significant economic and qualitative benefits of the scheme, was found to outweigh the identified harms and conflict with the development plan.
Significant weight attributed to the need for the prison, the economic benefits and the qualitative benefits, together with very limited weight for the lack of alternative sites and moderate weight for BNG/open space/EV benefits, was found by the Secretary of State to outweigh the significant weight given to harm to character and appearance and to the lack of sustainability and accessibility, and the minimal weight given to air quality harm, despite conflict with the development plan as a whole.
Framework references: 56, 57, 85, 96, 97, 100, 105, 110, 111, 174
Plan policies cited: Policy GD1, Policy GD3, Policy GD5, Policy IN1, Policy IN2, Policy GI5, Policy LNP01, Policy LNP16, Policy LNP19
Judgments cited: Derbyshire Dales DC v SSCLG [2010] 1 P & CR 19; R(Save Stonehenge World Heritage Site Ltd) v SST [2022] PTSR 74; R (Langley School for Girls) v Bromley LBC [2010] 1 P & CR 10; R (Mount Cook Land Ltd) v Westminster City Council [2017] PTSR 1166; Trusthouse Forte Hotels Ltd v Secretary of State for the Environment (1986) 53 P & CR 293; Greater London Council v Secretary of State for the Environment [52 P&CR 158]
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.