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APPEAL DECISION: When can a sustainable urban drainage system be located within the Green Belt?

Spawforths are pleased to have secured planning permission via public inquiry for our valued Client – Harworth for nearly 400 dwellings in Killamarsh, North East Derbyshire. The site is allocated for housing in a recently adopted Local Plan. It is a sloping site whereby the sustainable urban drainage scheme (SuDS) is logically located at the low point which straddles the residential allocation and Green Belt.

Despite Officer recommendation for approval, the Planning Committee refused the application for seven reasons including some going to the principle of residential use. Following close collaboration between the design and consultant team as part of the Appeal submission, the Council withdrew six of the seven reasons for refusal but continued to argue that the SuDS should not be located within the Green Belt. Following a lengthy public inquiry, Inspector Butcher confirmed that SuDs are ‘engineering operations’ which would preserve the ‘openness’ and ‘purposes’ of the Green Belt and that they would not constitute a ‘material change of use’. She allowed the appeal which will allow our client to bring this site forward for residential development to meet market and affordable housing needs in this part of North East Derbyshire.

Dave Rolinson, Chairman of Spawforths, was lead planning witness working closely with Patrick Stone and Hannah Richardson. Hannah Langler provided specialist health impact analysis and evidence.

If you need any advice on any related matters, please don’t hesitate to get in touch with us.



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