# Land adjacent to 9 Ashby Close, Grimsby

- **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
- **Tags:** tier-2, appeal-planning-officer, transitional-no-consultation, open-space, bng-small-site-exemption, small-scheme

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008922
- https://appeal-planning-decision.service.gov.uk/published-document/fa120a04-d470-4c33-85ba-e09aacc9214f

---

Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008922.html

A summary of a public planning decision, written from the decision letter. Not legal advice. © Planning Distilled. Released under the Creative Commons Attribution 4.0 licence (https://creativecommons.org/licenses/by/4.0/): share and adapt freely, with credit to Planning Distilled. Quotations from decision letters, plans and the Framework remain the copyright of their publishers.