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Dismissed15 August 20233302879

Buckingham Hotel, 1-2 Burlington Road, Buxton, SK17 9AS

Planning appeal 3302879 at Buckingham Hotel, 1-2 Burlington Road, Buxton, SK17 9AS (High Peak Borough Council) was dismissed on 15 August 2023 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: the effects of the scheme on the integrity of the Peak District Dales Special Area of Conservation.

the application is for the redevelopment of the Buckingham Hotel, specifically: -the demolition of the existing Buckingham Hotel -the erection of a replacement hotel building (89 beds) with ancillary facilities and substantial basement parking

Authority
High Peak Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
leisure-sport · Other Major Developments
Inspector
Nicholls H
Postcode
SK17 9AS

Main issues, as the Inspector framed them

  • the effects of the scheme on the integrity of the Peak District Dales Special Area of Conservation
  • the effects of the proposal on the significance of the 'Buxton Central Conservation Area', the setting of 'The Park Conservation Area' and on the significance of the Grade II* registered park and garden, 'Buxton Pavilion Gardens'
  • the effects of the scheme on the character and appearance of the area
  • the effects of the scheme on the appeal building as a non-designated heritage asset and related considerations such as its condition, optimum viable use, and the economic viability of either retaining or redeveloping it in some way

What decided it

The scheme's failure to demonstrate, beyond reasonable scientific doubt, that it would avoid adverse effects on the integrity of the Peak District Dales Special Area of Conservation, combined with the cumulative less-than-substantial heritage harms not being outweighed by public benefits.

The high weight attributed to the scheme's public benefits (visitor economy, employment, sustainability) did not outweigh the total loss of the non-designated heritage asset and the less than substantial harms to the designated heritage assets, and the scheme also conflicted with the Habitats Regulations regarding the SAC.

What the Inspector cited

Development plan policies
Policy S7Policy EQ6Policy EQ7Policy E6
National Planning Policy Framework
Paragraph 202
Judgments
Bohm and others v SSCLG [2017] EWHC 3217 (Admin); Bramshill v SSHCLG [2021] EWCA Civ 320

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.

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The decision letter

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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.