Planning appeal decision
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.
®