Planning appeal decision
Mirrlees Fields, Stockport, SK2 7DR
Planning appeal 3325351 at Mirrlees Fields, Stockport, SK2 7DR (Stockport Metropolitan Borough Council) was allowed on 24 January 2024 by Inspector Mulloy C, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposal on the supply of open space.
outline planning application with all matters reserved proposing the erection of a residential development for up to 200 dwellings, with associated landscaping, site infrastructure and the provision of new public open space
- Appeal type
- other · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Unknown
- Inspector
- Mulloy C
Main issues, as the Inspector framed them
- The effect of the proposal on the supply of open space
What decided it
The realistic prospect of a materially worse fallback position (an impermeable boundary fence under permitted development rights) combined with the significant housing and affordable housing shortfall meant the benefits of the scheme outweighed the identified conflict with the development plan's open space policies.
The significant social, economic and environmental benefits of the proposal, together with the fallback position, outweighed the conflict with the development plan (Policies UOS1.2 and CS8) such that adverse impacts of granting permission did not significantly and demonstrably outweigh the benefits, and the presumption in favour of sustainable development applied.
What the Inspector cited
- Development plan policies
- Policy UOS1.2Policy NE3.1Policy CS8Policy CS3Policy H-3Policy CS2Policy CS4Policy H-2Policy CS10Policy L1.7Policy L1.8Policy SIE-2Policy CS1Policy AED-5Policy SD-6
- National Planning Policy Framework
- Paragraph 6Paragraph 11Paragraph 85Paragraph 99Paragraph 103Paragraph 130Paragraph 131Paragraph 180Paragraph 185Paragraph 186Paragraph 225
- Judgments
- Renew Land Developments v Welsh Ministers [2020] EWCA Civ 143; R(Brommell) v Reading BC & Anr [2018] EWHC 3529 (Admin); St Modwen Development Limited v Secretary of State for Communities and Local Government and Others [2017] EWCA Civ 1643
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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