Catesby Estates Plc are pleased to announce that the application to the Court of Appeal has been successful and that planning approval for 400 new homes off Kedleston Road, Allestree, Derby has been reinstated.
The previous decision in the High Court stated that the Inspector had adopted an unlawfully narrow approach to the setting of heritage assets.
The 3 Lord Justices did not agree with this conclusion and allowed the appeal, confirming that the Planning Inspector’s “approach cannot be faulted, and his conclusions were well within the limits of lawful planning judgment.”
A planning application was submitted to Amber Valley Borough Council for 400 homes on the 48 acre site in Allestree in 2014, which was subsequently refused by Amber Valley District Council. The proposals were subsequently granted planning permission by the Planning Inspector in August 2016, following a two week public inquiry.
David Morris, Planning Director at Catesby Estates said “We welcome the decision by the Court of Appeal, nearly two years after the grant of planning permission. The Inspectors report has been robustly upheld by the Court of Appeal, who concluded that the Inspectors findings were consistent, comprehensive, and that his relevant conclusions are ‘unassailable’.”
“The proposal will deliver much needed housing, including 120 affordable homes. This development of this site will be a real boost for local people looking for a new homes in the area, giving them a chance to take their first steps on the housing ladder.”