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Planning appeal decision

Allowed6 February 20253344229

Land off the Green, Dunham on Trent, RETFORD, Notts, NG22 0TU

Proposed 2 No Two Storey Semi-Detached Dwellings (Resubmission of 22/00417/FUL)

Authority
Bassetlaw District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
residential · Householder developments
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a LDC was well founded.
  • Whether the proposed houses would be safe from flooding and would comply with national planning policy which seeks to steer new development away from areas at the highest risk of flooding.

What decided it

The extant 2011 fallback permission was given significant weight and was found to outweigh the conflict with Policy ST50's flood risk sequential test requirements.

the significant weight attributable to the fallback 2011 permission outweighed the conflict with Policy ST50 and the Framework's sequential test requirements, so the appeal was decided otherwise than in accordance with the development plan

Framework references: 173

Plan policies cited: Policy ST2, Policy ST50

Judgments cited: Commercial Land Ltd and Imperial Resources SA v Secretary of State for Transport, Local Government & the Regions [2002] EWHC 1264 (Admin)

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.