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Planning appeal decision

Allowed3 May 20243327752

Woodbine Lodge, 399, Sinfin Moor, Derby, DE24 9HW

Planning appeal 3327752 at Woodbine Lodge, 399, Sinfin Moor, Derby, DE24 9HW (Derby City Council) was allowed on 3 May 2024 by Inspector Morgan R, by written representations. The main issue, as the Inspector framed it: whether conditions 3 and 4 of planning permission 23/00228/FUL are reasonable and necessary, having particular regard to the requirements of development plan policy to protect the Green Wedge.

incorporation of land into residential curtilage without complying with conditions attached to planning permission Ref 23/00228/FUL, dated 17 April 2023

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Morgan R
Postcode
DE24 9HW

Main issues, as the Inspector framed them

  • whether conditions 3 and 4 of planning permission 23/00228/FUL are reasonable and necessary, having particular regard to the requirements of development plan policy to protect the Green Wedge

What decided it

The site's limited contribution to the Green Wedge designation due to its well-contained position behind existing built form and tall trees, combined with the fact that any material change of use would require planning permission regardless of the conditions, meant conditions 3 and 4 were not reasonable or necessary.

What the Inspector cited

Development plan policies
Policy CP18Derby City Local Plan Part 1 (2017)

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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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.