®Planning appeal decision
Land bounded by Rockingham Street and Wellington Street and Trafalgar Street, Rockingham Street, Sheffield, S1 4NN
- Authority
- Sheffield City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Other Major Developments
- Inspector
- Hockenhull H
Main issues, as the Inspector framed them
- Whether the proposal to remove affordable housing from the scheme would result in a fundamental variation of the development permitted by planning permission ref 21/05354/FUL and if so whether it would be appropriate to consider this through an application under section 73 of the Town and Country Planning Act 1990 (the Act)
- Whether a section 73 application can be approved which would necessitate a variation to an existing section 106 agreement, given section 106A
- Whether the proposal can make provision for affordable housing having regard to viability and if not should planning permission be granted
What decided it
The Inspector's finding that the scheme was unviable to deliver affordable housing meant there was no conflict with Policy CS40 and only very limited conflict with Policy CS41, so the scheme accorded with the development plan as a whole.
the very limited conflict with Policy CS41 was outweighed by the scheme's continued social, economic and environmental benefits and its overall accordance with the development plan, so the appeal was allowed
Framework references: 60
Plan policies cited: Policy CS40, Policy CS41, Draft Policy NC5
Judgments cited: Barnett v Secretary of State [2010] 1 P&CR 8 at [17]-[22]; R v Coventry City Council ex p Arrowcroft Group Plc [2001] PLCR 7; R9Vue) Entertainment Ltd) v City of York Council [2017] EWHC 588 (Admin); Finney v Welsh Ministers {2019] EWCA Civ 1868; Armstrong v Secretary of State [2023] P.T.S.R. 1148; Norfolk Homes v North Norfolk DC and Norfolk CC [2010] EWHC 2265; Batchelor Enterprises Ltd v North Dorset District Council [2003] EWHC 3006 (Admin)
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.