- Decision
- allowed, 15 September 2026
- Decided by
- Planning Inspector: John Morrison (on recommendation of Appeal Planning Officer L Clark)
- Authority
- North East Lincolnshire (Yorkshire and the Humber)
- Appeal reference
- 6008922
- Application reference
- DM/0806/24/FUL
- Procedure
- written representations
- Development
- Two pairs of semi-detached houses on vacant hard-surfaced former council open land, keeping a footpath link
- Homes
- 4
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- HC7
- Development plan policies
- North East Lincolnshire Local Plan 2018 policies 5, 34, 43
- Main issues
- loss of public open space
Summary
Four houses on an unused, hard-surfaced patch of former council land between two cul-de-sacs were allowed. It was not safeguarded open space, better green space was a short walk away, and the footpath link was kept. The letter also records the new 0.2 ha BNG small-site exemption (in force 6 August 2026) taking the site out of BNG.
What made the difference
The absence of any open-space designation, combined with poor quality and nearby alternatives. Plot-by-plot amenity and design were not in dispute.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HC7 | pass | code mapped by harvester — not designated/safeguarded open space; hard-surfaced, unused; ample greenspace nearby along Great Coates Road and River Freshney (DL 9-11) | |
| N2 | not-engaged | code mapped by harvester — site 0.1075ha, so BNG not required under the new 0.2ha small-site exemption (Biodiversity Gain Amendment Regs 2026, in force 6 Aug 2026) (DL 5) |
Key facts
- Site 0.1075 ha, historically intended as a play area and held as POS, but disposal notice issued (DL 5, 9)
- Henlow appeal (non-designated green informal sport space) distinguished (DL 13)
- 2026 Framework "do[es] not affect the substance"; no re-consultation (DL 4)
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.