- Decision
- allowed, 7 September 2026
- Decided by
- Planning Inspector: Elaine Moulton
- Authority
- Mansfield (East Midlands)
- Appeal reference
- APP/X3025/W/25/3370422
- Application reference
- 2025/0159/VCON
- Procedure
- written representations
- Development
- s73 variation/removal of highway conditions on reserved-matters approval for 484 dwellings (strategic urban extension SUE3)
- Homes
- 484
- Site context
- settlement edge
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM6, TR4
- Development plan policies
- Mansfield District Local Plan 2013-2033 SUE3, IN8, IN9
- Main issues
- highway safety effect of varying conditions
Summary
Bellway's non-determination s73 appeal to vary or remove five highway conditions on reserved matters for 484 homes at the Berry Hill urban extension, Mansfield. Allowed, with a full planning permission issued and the disputed conditions reworded rather than simply removed.
What made the difference
The inspector held that a s73 application on a reserved-matters approval results in a new full permission (DL ¶¶5–8), then reworded the parking, bus-route and visibility conditions so that they meet the DM6 tests without leaving a highway-safety harm (DL ¶38). The 2026 Framework was applied without seeking further submissions, because the relevant policy had "not been significantly changed" (DL ¶10).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM6 | pass | conditions 10 and 13 reworded (not deleted) to meet DM6 tests; condition 11 replaced by bin-collection-point condition; 'unless otherwise agreed' tailpieces removed (DL 13, 38-44) | |
| TR4 | pass | no conflict with local highway-safety policy IN9 once conditions amended (DL 38) |
Key facts
- A s73 application cannot grant a new reserved-matters approval; allowing it produces a full planning permission (DL 5-8; Fulford PC [2019] EWCA Civ 1359 distinguished)
- Framework published during the appeal; "policy content insofar as it relates to the main issues ... has not been significantly changed", so no further submissions sought (DL 10)
- Costs application made (separate decision, not read)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.