Land between 191 and 243 Nottingham Road, Selston

appeal 6008160·Ashfield·8 September 2026dismissed
Decision
dismissed, 8 September 2026
Decided by
Planning Inspector: Paul Thompson
Authority
Ashfield (East Midlands)
Appeal reference
6008160
Application reference
V/2025/0464
Procedure
written representations
Development
Outline for 42 dwellings (access, layout and scale fixed)
Homes
42
Site context
inside settlement
Green Belt
No
Housing land supply
4.39 years
Framework applied
August 2026 NPPF
Determinative policies
S4(1), DP3(1), DP3(2), N6(1), N2, TR6(4), F7, F8, HE7(2)
Development plan policies
Ashfield Local Plan Review 2002 ST1, HG5, EV6
Main issues
character and appearance; protected species and LWS; access; flood risk and SuDS; archaeology; NDHAs

Summary

An outline scheme for 42 homes, with layout fixed, on an infill wedge in Selston that includes part of a Local Wildlife Site. It was dismissed on almost every issue: cramped, parking-dominated layout, LWS loss with ecology evidence written for an 18-home scheme, unproven access visibility, no SuDS strategy, and no archaeological assessment. The site was within the settlement, so S4 applied. The inspector found that design, highway and biodiversity failures each meant "the proposal should be refused" (DL ¶49). Supply was 4.39 years, a shortfall the inspector called "not considerable".

Issues and findings

Planning balance

The inspector ran the HE7 balance first, then S4. The benefits were: 42 homes with significant weight (4.39 years); sustainability and location, moderate; and the unsigned s106, very limited (DL ¶42-45). L2 and L3 were not benefits, because the LWS land was not underused and the layout was poor (DL ¶46). "The adverse effects ... on the character and appearance of the area, highway safety, and protected species and habitats (biodiversity), are all of such magnitude that, in accordance with Framework Policy S4, failure to comply with the relevant national decision-making policies means that the proposal should be refused ... Collectively, the adverse effects ... would substantially outweigh those benefits" (DL ¶49).

What made the difference

Evidence quality. The appellant fixed the layout at outline stage but supplied evidence that did not match it: ecology for 18 homes, no speed survey, no SuDS strategy and no archaeological assessment. With layout fixed, conditions could not cure the gaps.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
DP3(1)failcramped northern plots and dominant frontage parking; fails to respond to context (DL 8-12)
N6(1)failloss of most of Selston Common Grassland Local Wildlife Site; PEA and BNG based on an 18-home scheme; otter, water vole and bat surveys outstanding (DL 14-20)
TR6(4)failvisibility splays not based on speed survey; no turning heads on private drives; unassessed crossroads (DL 21-27)
F7failno drainage-hierarchy SuDS strategy despite a fixed layout (DL 28-31)
HE7(2)failno desk-based assessment or survey despite watercourse potential; precautionary balance against potential NDHA (DL 32-34, 48)
L2not-engagedLWS land not vacant or underused; L3 density not achieved with poor layout (DL 46)
HO7benefitsignificant42 homes, supply 4.39 years (shortfall "not considerable") (DL 42)
S4(1)failfailures of design, highway and biodiversity policies mean the proposal should be refused; the wide-ranging harms substantially outweigh the benefits (DL 49)

Key facts

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.