Planning appeal decision
Land North West of 1 to 12 Twelve Houses, Sowbrook Lane, Stanton by Dale, Derbyshire, DE7 4QX
Planning appeal 3319160 at Land North West of 1 to 12 Twelve Houses, Sowbrook Lane, Stanton by Dale, Derbyshire, DE7 4QX (Erewash Borough Council) was dismissed on 31 January 2024 by Inspector McCormack A, following an inquiry. The main issue, as the Inspector framed it: Whether the proposal would, in principle, be sustainable development in accordance with the development plan, its policies, the Framework and other relevant national guidance.
outline application for up to 196 dwellings with all matters reserved other than the means of access
- Authority
- Erewash Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- McCormack A
- Postcode
- DE7 4QX
Main issues, as the Inspector framed them
- Whether the proposal would, in principle, be sustainable development in accordance with the development plan, its policies, the Framework and other relevant national guidance
- The effect of the proposal on the character, appearance and visual amenity of the local area, with particular regard to landscape
- The effect of the proposal on the Grade II listed New Stanton Cottages and whether it would preserve or enhance the significance and setting of the designated heritage asset
- Whether the proposal would undermine the plan-making process of the emerging ECSR in accordance with paragraph 49 of the Framework
- Whether the proposal would be contrary to the emerging ECSR with particular regard to it being on land proposed as Green Belt and, if so, the weight to be given to that Green Belt designation
- Whether the proposal would be contrary to the emerging ECSR with particular regard to it being on land within a proposed Strategic Green Infrastructure Corridor (SGIC) and, if so, the weight to be given to that proposed designation
What decided it
The strategic scale of the proposal meant that granting permission would prematurely undermine the plan-making process of the advanced emerging Erewash Core Strategy Review, which combined with harms to character, appearance and heritage significantly and demonstrably outweighed the benefits in the tilted balance.
The significant harms identified (unsustainable location, harm to character/appearance, heritage harm, and substantial harm from prematurity undermining the emerging plan) significantly and demonstrably outweighed the benefits (market and affordable housing delivery, economic benefits, transport and footpath improvements, biodiversity net gain, public open space) in the tilted balance under paragraph 11(d).
What the Inspector cited
- Development plan policies
- Policy 2Policy 10Policy 14Policy 8saved Policy H12Strategic Policy 1 (SP1)Strategic Policy 1.4Strategic Policy 1.5 (SP1.5)Strategic Policy 1.6Strategic Policy 5 (SP5)
- National Planning Policy Framework
- Paragraph 11Paragraph 12Paragraph 15Paragraph 17Paragraph 20Paragraph 48Paragraph 49Paragraph 50Paragraph 74Paragraph 109Paragraph 145Paragraph 199Paragraph 205Paragraph 208
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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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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