Planning appeal decision
Former Garage Court & Allotments, , Off Lime Avenue, , Huthwaite, , Notts, NG17 2NR
Planning appeal 3338235 at Former Garage Court & Allotments, , Off Lime Avenue, , Huthwaite, , Notts, NG17 2NR (Ashfield District Council) was dismissed on 17 September 2024 by Inspector Savage K, by written representations. The main issue, as the Inspector framed it: whether safe access can be provided to the development.
an outline application with all matters reserved for residential development
- Authority
- Ashfield District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Savage K
Main issues, as the Inspector framed them
- whether safe access can be provided to the development
- the effect of the proposal on protected and priority species
- whether, if necessary, the proposal would make adequate provision for affordable housing
- whether if necessary, satisfactory provision is made to mitigate the impact of the proposed development on local infrastructure
What decided it
The absence of comprehensive bat surveys and an agreed mitigation strategy meant the scheme would cause significant harm to a protected species, conflicting with Framework paragraph 186, which requires refusal where significant biodiversity harm cannot be avoided, adequately mitigated or compensated.
The housing benefits and economic benefits of the proposal, weighed against the substantial shortfall in housing supply, were significantly and demonstrably outweighed by the identified harms to protected species (bats), the failure to secure affordable housing, and the failure to secure necessary public transport infrastructure improvements.
What the Inspector cited
- Development plan policies
- Policy ST1Policy HG5(e)Policy HG4Policy TR6Policy HG6
- National Planning Policy Framework
- Paragraph 11Paragraph 57Paragraph 66Paragraph 99Paragraph 186Paragraph 226
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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- Quashed On Legal Grounds25 August 2026337181046 Mapplewells Road, Sutton-in-Ashfield, NG17 1HW
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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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