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

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

Authority: Derbyshire Dales District Council
Appeal type: minor · Planning Appeal
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Gilbert J

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.

Framework references: 11, 58, 59, 64, 66, 97, 116, 117, 135, 136, 137, 139, 161, 170, 172, 174, 180, 181, 182, 187, 193, 212, 213, 215

Plan policies cited: Policy S1, Policy PD7, Policy PD8, Policy DS4, Policy S2, Policy HC2, Policy S7, Policy PD1, Policy PD5, Policy PD6, Policy PD3, Policy S3, Policy HC19, Policy HC20, Policy HC4, Policy S10, Policy PD2

Judgments cited: 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

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.