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Dismissed4 August 20253353350

Land Between Sandy Lane, Bent Lane and Gritstone Road , Matlock , Derbyshire, DE4 3GX

Planning appeal 3353350 at Land Between Sandy Lane, Bent Lane and Gritstone Road , Matlock , Derbyshire, DE4 3GX (Derbyshire Dales District Council) was dismissed on 4 August 2025 by Inspector Gilbert J, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposed development on flood risk.

Hybrid Planning Application, accompanied by an Environmental Statement comprising of an Outline Planning Application with approval being sought for site access for up to 345 Residential Units, Class E 'Commercial' uses including Retail and a Restaurant / Cafe, a Hot Food Takeaway (Sui Generis) Unit and Open Space including a Countryside Park and Play Area and associated landscaping and surface water attenuation and a Full Planning Application for 78 residential units with associated access, open space, landscaping and surface water attenuation

Appeal type
minor · Planning Appeal
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Gilbert J
Postcode
DE4 3GD

Main issues, as the Inspector framed them

  • the effect of the proposed development on flood risk
  • the effect of the proposed development on biodiversity
  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on highway and pedestrian safety
  • whether the proposed development would make an appropriate contribution towards affordable housing need
  • whether the proposed development would make an appropriate contribution towards community and infrastructure needs

What decided it

Unresolved uncertainty over the mitigation and attenuation of flood risk, particularly the absence of four-season flow monitoring, to which the Inspector attached substantial weight, provided a strong reason for refusal that outweighed the benefits and led to dismissal of the appeal.

The significant/moderate benefits of housing delivery, the local centre, sustainability and economic activity did not outweigh the cumulative harms found, especially the substantial weight given to flood risk mitigation and attenuation harm, so the proposal was found contrary to the development plan as a whole with no overriding material considerations.

What the Inspector cited

Development plan policies
Policy S1Policy PD7Policy PD8Policy DS4Policy S2Policy HC2Policy S7Policy PD1Policy PD5Policy PD6Policy PD3Policy S3Policy HC19Policy HC20Policy HC4Policy S10Policy PD2
National Planning Policy Framework
Paragraph 11Paragraph 58Paragraph 59Paragraph 64Paragraph 66Paragraph 97Paragraph 116Paragraph 117Paragraph 135Paragraph 136Paragraph 137Paragraph 139Paragraph 161Paragraph 170Paragraph 172Paragraph 174Paragraph 180Paragraph 181Paragraph 182Paragraph 187Paragraph 193Paragraph 212Paragraph 213Paragraph 215
Judgments
Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507; Mead Realisations Limited v the Secretary of State for Levelling Up, Housing and Communities, North Somerset Council and Redrow Homes Limited v the Secretary of State for Levelling Up, Housing and Communities, Hertsmere Borough Council [2024] EWHC 279 (Admin); Mead Realisations Limited v the Secretary of State for Levelling Up, Housing and Communities, North Somerset Council [2025] EWCA Civ 32; R (Skipton Properties Ltd) v Craven DC [2017] EWHC 534; Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd [2017] UKSC 66; R(on the application of Working Title Films Ltd) v Westminster CC and Moxton Street Residential (Luxembourg) SARL [2016] EWHC 1855 (Admin); Borough of Telford and Wrekin v Secretary of State for Communities and Local Government [2013] EWHC 1638; Smyth v SSCLG [2015] EWCA Civ 174

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 Derbyshire Dales

The authority’s record since 2016 · every decision in 2025

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    8 Greenhill, Wirksworth, DE4 4EN
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  3. Allowed2 April 20263372260
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  4. Allowed17 February 20263369008
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  5. Allowed21 July 20253364495
    North Park Farm, Whitworth Road, Darley Dale, Derbyshire, DE4 2HJ

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.