®Planning appeal decision
No.43 Hallfieldgate Lane , Shirland , Derbyshire , DE55 6AA
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
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.
Framework references: 57
Plan policies cited: Policy SS9, Policy SDC2, Policy SDC3, Policy SDC12, Policy ID3, Policy 3 of the SHNP, Policy 4 of the SHNP, Policy 7 of the SHNP, Aspirational Policy 1 of the SHNP
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.