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Planning appeal decision

Allowed6 January 20263368728

Land South of Kings Newton Lane, Melbourne, Derbyshire, DE73 8DD

Planning appeal 3368728 at Land South of Kings Newton Lane, Melbourne, Derbyshire, DE73 8DD (South Derbyshire District Council) was allowed on 6 January 2026 by Inspector Jones G, following an inquiry. The main issue, as the Inspector framed it: The effect the proposed development would have on the character and appearance of the area and how it sits with the District's strategy for the location of development.

the erection of up to 135 dwellings with associated infrastructure

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Jones G

Main issues, as the Inspector framed them

  • The effect the proposed development would have on the character and appearance of the area and how it sits with the District's strategy for the location of development
  • The site's capacity to accommodate the proposed development and planting
  • Its effect on biodiversity, particularly in respect to birds
  • Its effect on the Kings Newton Conservation Area via its setting
  • Its effect on Best and Most Versatile agricultural land
  • Whether the Council can demonstrate a National Planning Policy Framework compliant supply of housing land
  • Whether any harm that would result from the development would be outweighed by any benefits

What decided it

The Council's failure to demonstrate a Framework-compliant five-year housing land supply engaged the tilted balance, and the substantial benefits of market and affordable housing delivery were found to outweigh the identified harms.

The substantial weight attributed to housing and affordable housing delivery, together with other benefits, outweighed the collectively weighty but limited/moderate adverse impacts (harm to character and appearance, loss of BMVAL, conflict with the development strategy), such that the benefits, as sustainable development, outweighed the conflict with the development plan as a whole.

What the Inspector cited

Development plan policies
Policy S1Policy S2Policy S4Policy H1Policy BNE1Policy BNE2Policy BNE4Policy INF8Policy SDT1Policy BNE5Policy BNE10Policy HC1Policy DP1Policy DP2Policy OS4
National Planning Policy Framework
Paragraph 11

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 2026

  1. Allowed23 September 20266011093
    Land Adjacent to 7 & 8 Slade Close, Etwall, DE65 6JH
  2. Notice varied and upheld3 September 20263378427
    Land to the South of Woodville Road, Swadlincote, DE12 6LY
  3. Allowed15 December 20253369340
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  4. Allowed28 November 20253370609
    Land to the North of Main Street, Walton Upon Trent , DE15 9TY
  5. Allowed25 November 20253370189
    Eastfields Farm, Church Street, Netherseal, Swadlincote, Derbyshire, DE12 8DF

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.