Appeal Success Achieved through the tilted balance argument (Land East of Williamthorpe Road and South of Tibshelf Road, Holmewood, Derbyshire).

DLP Planning’s Strategic Planning Research Unit (SPRU) assisted in securing outline planning permission on appeal, on behalf of Inspire Design for up to 250 dwellings on a site in Holmewood, North East Derbyshire. SPRU’s Roland Bolton appeared as the planning witness, SDD’s Anna Meer appeared as a transport witness, and worked alongside DLA Piper’s Claire Stoneman and Andrew Batterton, No5’s Peter Goatley and Christian Hawley, Pegasus’ Jeremy Peachey.

The outline application was recommended for approval by Officers but was subsequently refused at Committee with the single reason for refusal being landscape character and appearance of the area. The Council possessed an undisputed eight-year housing land supply, however, the Inspector found that the tilted balance was engaged (paragraph 213 of the NPPF), after agreeing with the appellant’s approach to the identification of the basket of most ‘important policies’, and then finding two out of the three of the ‘most important’ policies as being out of date. (Reference: Planning Inspectorate APP/R1038/W/20/3251224: Land East of Williamthorpe Road and South of Tibshelf Road, S42 5T).