Council ordered to pay costs as Derbyshire housing development refusal is overturned on appeal

North East Derbyshire District Council’s Planning Committee refused two separate applications made by W Redmile and Sons Ltd for the land between the old canal and north side of Primrose Lane, Killamarsh, last year on grounds that they exceeded the Local Plan allocation of 30 homes, were situated on greenfield land and could cause highway safety issues.

However following a two-day hearing this September, Planning Inspector Mr M Brooker found in favour of the developer and ordered the authority to pay the costs of the appeal.

In his report, he commented that having visited the site he found it to have a ‘typically urban feel’ and the proposed housing scheme would be in accordance with the ‘distinctiveness, character and appearance of the surrounding area’.

With regards to the number of homes exceeding the allocation, he stated: “While the 50 dwellings proposed in the appeal schemes is clearly in excess of the ‘approximate capacity’ referred to in the policy, I have no substantive evidence before me to suggest that the wording and therefore the function of Policy LC1 restricts or controls the number of dwellings to be brought forward in any proposed development on the appeal site.

“As such, on the basis of the evidence before me I am satisfied that the appeal scheme is not contrary to Policy LC1 of the LP.”

While noting the proximity of the site to the Sheffield Road junction and two schools, as well as anecdotal and photographic evidence provided by residents in relation to the traffic problems in the area, Mr Brooker said he felt the capacity of the junction on the basis of free-flowing traffic was ‘not unreasonable’, remarking that the addition of 20 homes to allocated 30 dwellings for the site was only likely to result in 10 or 11 extra car journeys at peak times and would not harm highway safety.

The proposed development is a mixture of two, three, four and five bedroomed bungalows and houses, seven of which would be affordable.

NEDDC declined to comment when approached by the Local Democracy Reporting Service.

The amount the authority will have to pay out in costs is yet to be determined.