- Decision
- allowed, 23 September 2026
- Decided by
- Planning Inspector: J Buxton
- Authority
- South Derbyshire (East Midlands)
- Appeal reference
- 6011093
- Application reference
- DMPA/2025/0530
- Procedure
- written representations
- Development
- Erection of 10 dwellings (four 3-bed, one 4-bed, five 5-bed) on side gardens with private drive
- Homes
- 10
- Site context
- inside settlement, TPO
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4, HO7
- Development plan policies
- South Derbyshire Local Plan H20, BNE1, Etwall Housing Needs Assessment (material consideration)
- Main issues
- housing mix; over-intensive development
Summary
Ten houses on wooded side gardens inside Etwall, refused on housing mix and over-intensive development. Allowed: four 3-bed homes gave an appropriate balance against a local needs assessment favouring smaller homes, and the layout was shaped by the site's trees and constraints. HO7 substantial weight was given even though the council has a five-year supply.
Issues and findings
- Transition. "The main parties were provided with an opportunity to comment. I have had regard to the 2026 version of the Framework" (DL ¶3).
- Housing mix: PASS. "Policy H20 of the SDLP does not require every development proposal to accommodate all identified groups or deliver a prescribed housing mix" (DL ¶13).
- Density: PASS. "whether a development amounts to an over-intensive form of development cannot be determined solely by reference to density figures" (DL ¶14).
- HO7. "I therefore attach substantial weight to the delivery of 10 additional dwellings in this sustainable settlement location" (DL ¶26).
Planning balance
S4(1): "the benefits of the proposal, would not be substantially outweighed by any adverse effects" (DL ¶28). Tree loss neutral (DL ¶27). Plan-compliant (DL ¶42).
What made the difference
The revised mix (40% 3-bed) and a layout visibly driven by trees and access constraints. With no harm found, S4 required approval.
Transferable points
- HO7 substantial weight applied where the council has a five-year supply; contrast PINS-6010035 (DL ¶6, ¶26).
- A local housing needs assessment informs mix but does not prescribe it for each site (DL ¶11–13).
- Density figures alone do not show over-intensive development (DL ¶14).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HO5 | pass | 40% 3-bed homes responds to EHNA need for smaller homes while reflecting detached character; H20 does not require every need met (DL 10-13); code mapped by harvester | |
| L3 | pass | 10 dwellings on about 0.6 ha not over-intensive given trees, access and drainage constraints (DL 14-17); code mapped by harvester | |
| HO7 | benefit | substantial | substantial weight to 10 homes although council can demonstrate a five-year supply (DL 6, 26) |
| N2(1)(d) | neutral | some tree loss offset by retention, replacement planting and conditions (DL 27) | |
| S4 | pass | benefits not substantially outweighed (DL 24, 28) |
Key facts
- Common ground that the council can demonstrate a five-year supply (figure not stated) (DL 6)
- Scheme raised from 9 to 10 dwellings during the application (DL 4)
- Some TPO trees on site; BNG secured on and off site (DL 8, 21)
- Costs application decided separately (DL 2)
- Parties given opportunity to comment on the 2026 Framework (DL 3)
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.