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Planning appeal decision

Dismissed17 September 20243338235

Former Garage Court & Allotments, , Off Lime Avenue, , Huthwaite, , Notts, NG17 2NR

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.

Framework references: 11, 57, 66, 99, 186, 226

Plan policies cited: Policy ST1, Policy HG5(e), Policy HG4, Policy TR6, Policy HG6

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.