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Planning appeal decision

Allowed17 April 20233310101

Former Blaxton Quarry, Mosham Road, Doncaster, South Yorkshire , DN9 3EJ

outline planning permission including means of access for B1 B2 E:g employment uses - 31,846 square metres for up to 52 units, and parking

Authority
Doncaster Metropolitan Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Hatfield T

Main issues, as the Inspector framed them

  • Whether compensatory habitat and 10% biodiversity net gain are necessary in order to make the proposal acceptable in planning terms, having regard to: (a) whether the proposal would be contrary to the development plan without it; (b) the effect of providing these obligations on the viability of the proposal; and (c) if the proposal is contrary to the development plan without compensatory habitat and 10% biodiversity net gain, whether there are material considerations that indicate that the proposal should be determined other than in accordance with it.

What decided it

The Inspector's conclusion that compensatory habitat and 10% biodiversity net gain were necessary to comply with Policy 30 and the development plan, and that securing them via the s106 agreement would not undermine viability.

The benefits of the scheme, even taken together, would not outweigh conflict with the development plan absent compensatory habitat and biodiversity net gain provision, but as the s106 obligations securing this provision were found necessary and viable, the appeal was allowed on that basis.

Framework references: 180

Plan policies cited: Policy 30, Policy 2, Policy 13, Policy 46, Policy 54, Policy 55, Policy 56, Policy 3

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.