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Planning appeal decision

Allowed6 January 20263368728

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

the erection of up to 135 dwellings with associated infrastructure

Authority
South Derbyshire District Council
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.

Framework references: 11

Plan policies cited: Policy S1, Policy S2, Policy S4, Policy H1, Policy BNE1, Policy BNE2, Policy BNE4, Policy INF8, Policy SDT1, Policy BNE5, Policy BNE10, Policy HC1, Policy DP1, Policy DP2, Policy OS4

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.