1 to 9 dwellings at Land to the south of 15 Derby Road, Stanley

What was proposed

Permission in Principle was sought for between one and nine dwellings on land south of 15 Derby Road.

“Application Reference: PA/2026/0321 Development of 1 to 9 dwellings at Land to the south of 15, Derby Road, Stanley, DE7 6EX Proposal The application is for Permission in Principle to develop the site for 1 to 9 dwellings. This application is before the planning committee because more than 3 objections have been received. Site and Surroundings The application site area is 0.49ha.”

Officer report

The site and its surroundings

The 0.49-hectare site lies beside Derby Road, Stanley Brook, a public right of way, the Green Belt and flood risk areas.

“A Public Right of Way runs through the northern edge of the site, adjacent to 15 Derby Road. The site lies 45m south of the Stanley Conservation Area. Relevant Site History None. Policy Context National Policy National Planning Policy Framework (NPPF) National Planning Practice Guidance (NPPG) Erewash Core Strategy (Adopted 2014) Policy A: Presumption in Favour of Sustainable Development Policy 1: Climate Change Policy 2: The Spatial Strategy Policy 3: Green Belt Policy 8:…”

Officer report

Consultation and objections

The parish council and 33 objectors raised concerns including Green Belt development, countryside loss, traffic, biodiversity, hedgerow loss and flooding.

“Policy 14: Managing Travel Demand Erewash Local Plan Saved Policies (Amended 2014) Policy H3: Village Housing Development Policy EV5: Conservation Areas - Development Control Policy R2: Rights of Way Policy DC7: Development and Flood Risk Policy GB1: Green Belt Policy GB2: Development within Settlements Consultations Ward Councillors: no representations made.”

“Loss of countryside • Traffic impact and highway safety • Unsustainable location • Impact on local services • Harmful visual impact • Biodiversity Impact • Loss of hedgerow • Flood risk Assessment The assessment of a Permission in Principle application can only consider the suitability of the site for the proposed use, the location of the development, and the amount of development proposed.”

Officer report

Main planning concerns

The site was considered unsuitable because it would harm openness and the conservation area setting, face flood risk, depend heavily on cars and use land inefficiently.

“Conservation Area: The character or appearance of a conservation area must be preserved or enhanced by law (and not just policy), such that any harm to that must be given substantial weight. Character and appearance can include the wider setting of a conservation area.”

“Flood Zone 3: Development within Flood Zone 3 intrinsically presents a strong reason for refusing or restricting a development, unless there is evidence that the flood risk to future occupants or the surroundings can be made acceptable, taking account also of whether the Sequential Test has been applied and passed.”

Officer report

Who spoke

One speaker opposed the application, while another supported it and referred to flood risk, transport, facilities, schools and Green Belt policy.

Debate and decision

Members considered the speakers’ points and refused the application in accordance with the recommendation.

“Members of the committee considered the matters raised by the speakers, in addition to the matters covered within the report and:”

“RESOLVED that the application be refused as per the recommendation set out in the report.”

Minutes