Rear of 16-124, south west of 124 and between Brickyard Farm & Barlborough Links, Chesterfield Road, Barlborough, CHESTERFIELD, S43 4ZD

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

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.

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

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.