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Allowed4 January 20233300227

Land to the South of HMP Gartree, Welland Avenue , Market Harborough , LE16 7RP

Planning appeal 3300227 at Land to the South of HMP Gartree, Welland Avenue , Market Harborough , LE16 7RP (Harborough District Council) was allowed on 4 January 2023 by Inspector Butcher H, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the surrounding area including the Lubenham and Gartree Area of Separation.

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
Postcode
LE16 7RP

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.

What the Inspector cited

Development plan policies
Policy GD1Policy GD3Policy GD5Policy IN1Policy IN2Policy GI5Policy LNP01Policy LNP16Policy LNP19
National Planning Policy Framework
Paragraph 56Paragraph 57Paragraph 85Paragraph 96Paragraph 97Paragraph 100Paragraph 105Paragraph 110Paragraph 111Paragraph 174
Judgments
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]

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 Harborough

The authority’s record since 2016 · every decision in 2023

  1. Allowed28 July 20266004327
    Manor Field, Grange Lane, Leicester, LE7 9QA
  2. Dismissed29 June 20266003279
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  3. Dismissed27 March 20266002394
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  4. Allowed27 January 20263373252
    Scraptoft Lodge Farm, Keyham Lane East, Scraptoft, Leicestershire, LE7 9TA
  5. Allowed7 July 20253363533
    Manor Farm Yard, Hallaton Road, Medbourne, Leicestershire, LE16 8DR

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.