®Planning appeal decision
Land to the South of Main Road, Brailsford , DE6 3GT
- Authority
- Derbyshire Dales District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Sargent J
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
Framework references: 11
Plan policies cited: Policy S1, Policy S2, Policy S4, Policy PD1, Policy PD2, Policy PD5, Policy HC20, Neighbourhood Plan Policy H1, Neighbourhood Plan Policy LW1, Neighbourhood Plan Policy TMA1
Judgments cited: 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)
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.