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Planning appeal decision

Allowed5 March 20253353518

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

Planning appeal 3353518 at Land at Junction of A38 and A5132, The Castle Way, Willington Eggington, DE65 6GY (South Derbyshire District Council) was allowed on 5 March 2025 by Inspector Dean S, by written representations. The main issue, as the Inspector framed it: Whether or not there are any sequentially preferable, suitable and available sites within the local area.

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)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Dean S
Postcode
DE65 6GY

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.

What the Inspector cited

Development plan policies
Policy RTL1Policy SD1Policy E7
National Planning Policy Framework
Paragraph 97

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 South Derbyshire

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

  1. Allowed23 September 20266011093
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  2. Allowed28 November 20253370609
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  3. Allowed25 September 20253366469
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  4. Allowed16 September 20253358723
    97 Hartshorne Road, Woodville, Swadlincote, DE11 7HY
  5. Allowed12 September 20253356576
    Knights Lodges, Knights Lane, Bretby, Burton On Trent, DE15 0RT

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.