News

APPEAL SUCCESS IN HOLYMOORSIDE, CHESTERFIELD

DLP (Planning) Ltd is pleased to have secured outline planning permission on appeal for a residential dwelling in Holymoorisde.

The application was originally submitted to re-establish the principle of a dwelling in this location after a previous permission had lapsed. Despite a recommendation for approval from Officers, North East Derbyshire’s Planning Committee refused the application alleging that it would have a detrimental impact on the amenity, health and well-being of the occupiers of nearby residents and adversely impact on the local character and distinctiveness of the area.

DLP (Planning) Ltd was instructed to submit an appeal against the decision of the Council. A comprehensive Statement of Case was submitted with the appeal which included an assessment of the proposals against the relevant policies of the Development Plan and the National Planning Policy Framework. The Statement demonstrated that development accords with the Development Plan and would make a small, but valuable, contribution to the Council’s housing supply. The Statement concluded that the development would not have a detrimental impact on nearby residents nor would it adversely affect impact the local character and distinctiveness of the area.

The proposals were supported by the Inspector who allowed the appeal and granted planning permission for the development.

Given the Council’s inconsistency in making decisions on the site, DLP (Planning) Ltd also submitted an application for a full award of costs against the Council. The application demonstrated that there had been no material change in circumstances since the original application had been approved and thus the Council had behaved unreasonably by not determining cases in a consistent manner. The application for an award of costs was also allowed by the Inspector who recognised that the Council had prevented and delayed development which should clearly have been permitted, having regard to its accordance with the Development Plan, national policy and any other material consideration.

dlpAPPEAL SUCCESS IN HOLYMOORSIDE, CHESTERFIELD