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Planning appeal decision

Allowed5 March 20253353518

Land at Junction of A38 and A5132, The Castle Way, Willington Eggington, DE65 6GY

Erection of a freestanding restaurant with drive -thru facility, car parking, landscaping and associated works, including Customer Order Displays (COD) Play Frame and 4 Electric Vehicle Charging Points (EVCP)

Authority
South Derbyshire District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Dean S

Main issues, as the Inspector framed them

  • Whether or not there are any sequentially preferable, suitable and available sites within the local area
  • The effect of the proposal on the character and appearance of the area
  • The effect of the proposal on the living conditions of occupiers of nearby properties with specific regard to noise and disturbance

What decided it

The appellant's robust demonstration through sequential testing that no sequentially preferable, suitable and available sites exist within the local area, combined with acceptable effects on character and appearance and living conditions, meant the proposal accorded with the development plan and should be allowed.

Framework references: 97

Plan policies cited: Policy RTL1, Policy SD1, Policy E7

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.