Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Allowed11 December 20243324561

No.43 Hallfieldgate Lane , Shirland , Derbyshire , DE55 6AA

Planning appeal 3324561 at No.43 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 character and appearance of the area (Both Appeals), with due regard to protected trees (Appeal A).

proposed footway extension to the north side of No.43 Hallfieldgate Lane, Shirland

Authority
North East Derbyshire District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Cross D
Postcode
DE55 6AA

Main issues, as the Inspector framed them

  • The character and appearance of the area (Both Appeals), with due regard to protected trees (Appeal A)
  • Highway Safety (Appeal A)

What decided it

The significant weight attributed to the extant outline permission fallback scheme, which would itself cause greater harm to protected trees, meant the harm arising from Appeal A's relocated access was not sufficient to justify dismissal.

The limited harm to a single protected tree and modest landscape effects of Appeal A were outweighed by the significant weight given to the fallback scheme (which would cause greater harm to two protected trees) and by the absence of substantiated highway safety harm, tipping the balance in favour of allowing both appeals.

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

14 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in North East Derbyshire

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

  1. Dismissed23 October 20266012903
    Croft Farm, Hungerhill Lane, Stonedge, Ashover, Chesterfield, S45 0LP
  2. Allowed22 September 20263376000
    Sunny Bank, White Lane , Ridgway , Sheffield, S12 3GB
  3. Allowed17 September 20266010764
    Prestedge Barn, Whitefield Lane, Ashover, S45 0HZ
  4. Dismissed15 September 20266011330
    Land and Buildings to the South of Cowley Lane, Dronfield, S18 7UR
  5. Dismissed11 September 20266011648
    13 Temperance Hill, Woolley Moor, DE55 6FJ

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.