Planning appeal decision
Land Adjacent 83 Brigsley Road, Waltham, Grimsby, DN37 0LB
Planning appeal 3301257 at Land Adjacent 83 Brigsley Road, Waltham, Grimsby, DN37 0LB (North East Lincolnshire Council) was dismissed on 28 February 2023 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on protected species.
erect new dwelling with integral garage and including access
- Authority
- North East Lincolnshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Wallace J
- Postcode
- DN37 0LB
Main issues, as the Inspector framed them
- the effect of the proposed development on protected species
- the effect of the proposed development on the character and appearance of the area
- the effect of the proposed development on the living conditions of neighbouring residents at 83 Brigsley Road with particular regard to outlook, sunlight, daylight, privacy, noise and disturbance, and 85 Brigsley Road with regard to privacy
What decided it
The unresolved uncertainty about great crested newts and the significant harm to character and appearance, when weighed against only limited housing benefits, meant the adverse impacts significantly and demonstrably outweighed the benefits under the Framework.
The adverse impacts of harm to protected species and character and appearance were significant and substantially outweighed the limited benefits of a small windfall dwelling and associated economic benefits, such that the proposal did not benefit from the presumption in favour of sustainable development despite the Council's inability to demonstrate five-year housing land supply.
What the Inspector cited
- Development plan policies
- Policy 41Policy 5Policy 22
- National Planning Policy Framework
- Paragraph 11
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 appliedThe decision letter
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With an account
What an account adds to this decision


More decisions in North East Lincolnshire
The authority’s record since 2016 · every decision in 2023
- Allowed7 August 20253360989Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY
- Split Decision7 March 20253352579Summerfields,, Louth Road,, Grimsby, DN36 4RY
- Dismissed20 January 20253347151R/o 92-108 Middlethorpe Road, Cleethorpes, North East Lincolnshire, DN35 9PR
- Dismissed20 May 20243334414Roundhead Filling Station, 148 Cromwell Road, Grimsby, DN31 2BA
- Allowed9 May 2024333299268 Brighowgate, Grimsby, North East Lincolnshire, DN32 0QW
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.
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