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Planning appeal decision

Dismissed31 January 20243319160

Land North West of 1 to 12 Twelve Houses, Sowbrook Lane, Stanton by Dale, Derbyshire, DE7 4QX

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

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).

Framework references: 11, 12, 15, 17, 20, 48, 49, 50, 74, 109, 145, 199, 205, 208

Plan policies cited: Policy 2, Policy 10, Policy 14, Policy 8, saved Policy H12, Strategic Policy 1 (SP1), Strategic Policy 1.4, Strategic Policy 1.5 (SP1.5), Strategic Policy 1.6, Strategic Policy 5 (SP5)

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.