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Dismissed10 December 20243350501

Rear of 16-124, South West of 124 and Between Brickyard Farm & Barlborough Links, Chesterfield Road, Barlborough, Chesterfield, S43 4ZD

Planning appeal 3350501 at Rear of 16-124, South West of 124 and Between Brickyard Farm & Barlborough Links, Chesterfield Road, Barlborough, Chesterfield, S43 4ZD (Bolsover District Council) was dismissed on 10 December 2024 by Inspector Dean S, by written representations. The main issue, as the Inspector framed it: whether the planning obligations would continue to serve a useful purpose if modified as proposed.

Residential and commercial development (business, industrial and warehousing, Class B1, B2 and B8) including new roundabout and associated roads

Authority
Bolsover District Council
Appeal type
other · Section 106 Agreement
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Dean S
Postcode
S43 4ZD

Main issues, as the Inspector framed them

  • whether the planning obligations would continue to serve a useful purpose if modified as proposed

What decided it

The obligations continue to serve a useful purpose and would not serve their useful purpose equally well if modified, as the development remains viable with a profit of £2.03m and the modifications would remove policy-compliant affordable housing and necessary infrastructure contributions.

The Inspector balanced the appellant's commercial viability concerns against the public interest in delivering policy-compliant affordable housing and necessary infrastructure contributions, finding that the public should not bear the cost of challenging market conditions to protect developer returns.

What the Inspector cited

Judgments
R (oao) Mansfield DC v SSHCLG & Mr J A Clark [2018] EWHC 1794 (Admin)

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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More decisions in Bolsover

The authority’s record since 2016 · every decision in 2024

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  5. Notice varied and upheld1 May 20263345082
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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.