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Allowed11 December 20243324560

Land South of Hallfieldgate Lane , Shirland , Derbyshire , DE55 6AA

Planning appeal 3324560 at Land South of Hallfieldgate Lane , Shirland , Derbyshire , DE55 6AA (North East Derbyshire District Council) was allowed on 11 December 2024 by Inspector Cross D, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area (Both Appeals), with due regard to protected trees (Appeal A).

Appeal A: variation of conditions 4, 16 and 17 of outline permission 19/00335/OL for up to 90 new residential units and site access (relocated access); Appeal B: proposed footway extension to the north side of No.43 Hallfieldgate Lane, Shirland

Authority
North East Derbyshire District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Cross D
Postcode
DE55 6AA

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area (Both Appeals), with due regard to protected trees (Appeal A)
  • The effect of the proposal on highway safety (Appeal A)

What decided it

The significant weight given to the extant fallback outline permission, which would cause greater harm to protected trees than the appeal scheme, outweighed the limited harm from the appeal proposal's effect on a single protected tree.

The limited harm to a single protected tree and technical conflict with tree-protection policies was outweighed by the significant weight attached to the fallback scheme, which would cause greater harm to two protected trees; the balance tipped in favour of allowing the appeal.

What the Inspector cited

Development plan policies
Policy SS9Policy SDC2Policy SDC3Policy SDC12Policy ID3Policy 3 of the SHNPPolicy 4 of the SHNPPolicy 7 of the SHNPAspirational Policy 1 of the SHNP
National Planning Policy Framework
Paragraph 57

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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More decisions in North East Derbyshire

The authority’s record since 2016 · every decision in 2024

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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.