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Dismissed11 September 20243338756

Rostrevor, Station Road, Stanley, Ilkeston, Derbyshire, DE7 6HB

Planning appeal 3338756 at Rostrevor, Station Road, Stanley, Ilkeston, Derbyshire, DE7 6HB (Erewash Borough Council) was dismissed on 11 September 2024 by Inspector Billings C, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies.

for the change of use and alteration/extension of the building to a dwelling

Authority
Erewash Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Billings C
Postcode
DE7 6HB

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies
  • the effect of the proposed development on the openness of the Green Belt
  • the effect of the development on the character and appearance of the host property and surrounding area
  • whether the harm by reason of inappropriateness and any other harm would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposal constitutes inappropriate development in the Green Belt by reason of disproportionate additions to the original building, and the harm to openness and character is not clearly outweighed by the benefits advanced.

the benefits of the appeal proposal do not clearly outweigh the totality of the harm arising from inappropriateness and other harms, so very special circumstances have not been demonstrated

What the Inspector cited

Development plan policies
Policy GB5Policy GB6Policy 10
National Planning Policy Framework
Paragraph 11Paragraph 154Paragraph 155
Judgments
Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities and Local Government [2009]; R (Zurich) v Lincolnshire Council [2012]; Hersch Schneck v Secretary Of State For Levelling Up, Housing & Communities and West Berkshire District Council [2022]; Wychavon v SSCLG & Butler [2008]; Basildon v FSS & Temple [2004]; Basildon v SSETR & Ors [2000]

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.