®Planning appeal decision
99 Derby Road, Stanley, Ilkeston, Derbyshire, DE7 6EX
Planning appeal 3343961 at 99 Derby Road, Stanley, Ilkeston, Derbyshire, DE7 6EX (Erewash Borough Council) was dismissed on 18 December 2024 by Inspector Cryan M, by written representations. The main issue, as the Inspector framed it: 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 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
- Postcode
- DE7 6EX
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.
What the Inspector cited
- Development plan policies
- Saved Policy GB2 of the Erewash Local Plan (2005, amended 2014)
- National Planning Policy Framework
- Paragraph 153Paragraph 154Paragraph 142Paragraph 11
- Judgments
- Wood v SSCLG and Gravesham BC [2015] EWCA Civ 195
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Erewash
The authority’s record since 2016 · every decision in 2024
- Split Decision6 November 20253370800Brook Cottage, Derby Road, Risley, DE72 3SU
- Notice upheld20 January 20253314848Twinkle Toes, Wilne Road, Sawley, Derbyshire, NG10 3AP
- Dismissed19 November 20243341705Knoll Side Farm, 71 Rectory Lane, Breadsall, Derbyshire, DE21 5LL
- Dismissed30 September 20243337753Brook Close House, Nottingham Road, Borrowash, Derby, DE72 3FR
- Dismissed11 September 20243338756Rostrevor, Station Road, Stanley, Ilkeston, Derbyshire, DE7 6HB
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.