We are pleased to announce that we have successfully overturned South Derbyshire District Council’s refusal of outline planning permission for 34 homes at land off Egginton Road, Hilton. The council made an eleventh hour about-turn on its previous support for the scheme, arguing that with the adoption of its Local Plan Part 1 in the summer of 2016, it was able to demonstrate a five-year housing land supply and that relevant policies for the supply of housing were up-to-date. However, the Inspector disagreed, concluding that Local Plan policies H5, H8 and EV1 of the LP are not wholly consistent with the Framework and are, therefore, out-of-date. When relevant policies are out-of-date, paragraph 14 of the Framework is engaged and it is necessary to carry out the ‘balancing exercise’, where any relevant benefits and disbenefits of the proposal are weighed up. The Inspector found that whilst the proposal would cause some limited harm to the character and appearance of the area, this should be weighed against the benefits of the proposal including the provision of new housing (of which 30% would be on site affordable housing); significant on-site open space; ecological enhancements to the area; and boosts to the local economy. The inspector concluded that the adverse impacts of the proposal would not significantly and demonstrably outweigh the benefits and that the proposal would, therefore, constitute sustainable development. A copy of the appeal decision can be viewed here: Planning Inspectorate
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