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Planning appeal decision

Allowed4 January 20233302956

Land off Cork Lane, Glen Parva, Leicester, LE2 9TB

Planning appeal 3302956 at Land off Cork Lane, Glen Parva, Leicester, LE2 9TB (Blaby District Council) was allowed on 4 January 2023 by Inspector Hendley D, following an inquiry. The main issue, as the Inspector framed it: The effect on the public health of the future occupiers of the proposal and the occupiers of nearby residential properties by way of land contamination.

Residential development (max 165 dwellings) with associated landscaping and public open space and vehicular access from Cork Lane (Outline) (Resubmission) - reserved matters (appearance, landscaping, layout and scale) pursuant to outline permission 15/0176/OUT

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Hendley D

Main issues, as the Inspector framed them

  • The effect on the public health of the future occupiers of the proposal and the occupiers of nearby residential properties by way of land contamination

What decided it

The agreed expert evidence and proposed mitigation measures for landfill gas and ground contamination were found capable of satisfactorily protecting the public health of future occupiers and neighbouring residents.

What the Inspector cited

Development plan policies
Policy DM13Policy CS2Policy DM1
National Planning Policy Framework
Paragraph 183Paragraph 184Paragraph 185
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Regina (Holborn Studios Ltd and Brenner) v Hackney London Borough Council [2017] EWHC 2823 (Admin)

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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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.