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Planning appeal decision

Dismissed18 December 20243343961

99 Derby Road, Stanley, Ilkeston, Derbyshire, DE7 6EX

the erection of up to two dwellings (Approval of access sought now; matters of appearance, landscaping, layout and scale reserved)

Authority
Erewash Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Cryan M

Main issues, as the Inspector framed them

  • Whether the proposed development is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework and development plan policy
  • The effect of the proposed development on the openness of the Green Belt
  • If the development is inappropriate, whether the harm, by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, and if so whether this would amount to the very special circumstances necessary to justify the proposal

What decided it

The proposal would constitute inappropriate development in the Green Belt causing substantial harm to its protection and moderate harm to its openness, which is not clearly outweighed by other considerations sufficient to demonstrate very special circumstances.

The substantial weight given to the harm to the Green Belt by reason of inappropriateness and moderate harm to openness was not clearly outweighed by the moderate weight of the housing benefit, resulting in dismissal of the appeal.

Framework references: 153, 154, 142, 11

Plan policies cited: Saved Policy GB2 of the Erewash Local Plan (2005, amended 2014)

Judgments cited: Wood v SSCLG and Gravesham BC [2015] EWCA Civ 195

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.