# Land adjacent to 7 & 8 Slade Close, Etwall

- **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
- **Tags:** s4-within-settlement, s4-approve, five-year-supply-met, ho7-substantial-weight, large-scheme, costs-application, parties-consulted-on-2026-framework

## 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
- **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 weight).** 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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6011093
- https://appeal-planning-decision.service.gov.uk/published-document/56aa87c7-4f65-4164-989f-49db11bc0189

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6011093.html

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