®Planning appeal decision
Land to the South of Main Road, Brailsford , DE6 3GT
Planning appeal 3335780 at Land to the South of Main Road, Brailsford , DE6 3GT (Derbyshire Dales District Council) was allowed on 20 September 2024 by Inspector Sargent J, following a hearing. The main issue, as the Inspector framed it: the principle of the scheme in the light of the Council's spatial strategy.
Mixed-use development of up to 75 dwellinghouses and a commercial development (Use Class E)
- Authority
- Derbyshire Dales District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Sargent J
- Postcode
- DE6 3GT
Main issues, as the Inspector framed them
- the principle of the scheme in the light of the Council's spatial strategy
- whether the significance of designated heritage assets would be harmed by the development's effects on their respective settings
- the effect on the character and appearance of the area
- the impact on highway safety
- the effect on best and most versatile land
- if harm would be caused by any of the above whether that would be outweighed by public benefits, or a decision contrary to the development plan would be justified by other material considerations
What decided it
The significant weight attached to the delivery of up to 75 dwellings against an acknowledged 3.49-year housing land supply shortfall outweighed the identified harms under both the heritage balance and the paragraph 11d) tilted balance.
the public benefits, principally housing delivery against a 3.49-year housing land supply shortfall, outweighed the less than substantial harm to the conservation area and the scheme's other adverse effects did not significantly and demonstrably outweigh its benefits
What the Inspector cited
- Development plan policies
- Policy S1Policy S2Policy S4Policy PD1Policy PD2Policy PD5Policy HC20Neighbourhood Plan Policy H1Neighbourhood Plan Policy LW1Neighbourhood Plan Policy TMA1
- National Planning Policy Framework
- Paragraph 11
- Judgments
- R (on the application of the University Hospitals of Leicester NHS Trust) v Harborough District Council [2023] EWHC 263 (Admin); The King (on the application of Worcestershire Acute Hospitals NHS Trust) v Malvern Hills District Council, Wychavon District Council, Worcester City Council and others [2023] EWHC 1995 (Admin)
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
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.
With an account
What an account adds to this decision
More decisions in Derbyshire Dales
The authority’s record since 2016 · every decision in 2024
- Allowed2 April 20263372260Land To The East Of Wheatley Road, Two Dales, DE4 2FF
- Allowed17 February 20263369008Land off Throstle Nest Way, Brailsford, DE6 3DB
- Dismissed4 August 20253353350Land Between Sandy Lane, Bent Lane and Gritstone Road , Matlock , Derbyshire, DE4 3GX
- Allowed13 March 20253354572Ivy House Farm, Main Road, Wyaston, Derbyshire, DE6 2DR
- Allowed9 September 20243341703Land North of Old Hackney Lane, Hackney, Matlock, Derbyshire, DE4 2QJ
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.