Planning Inquiry Dinting Vale
Information and document library for the Planning Inquiry - Dinting Vale
Planning Inquiry Dinting Vale
Public Inquiry: Land at Dinting Vale, Glossop
Site: Land At Dinting Vale, Dinting, Glossop, Derbyshire SK13 6PA
PINS REF: APP/H1033/W/24/3339815
The council's reference is: HPK/2022/0456
A public inquiry has taken place regarding an appeal that has been made against the refusal of planning permission on 27th October 2023 by the Council for proposed residential development comprising 92 dwellings including areas of public open space, landscaping and associated works.
About the public inquiry
A Planning Inspector was appointed by the Secretary of State and the appeal was heard by way of a public inquiry.
The inquiry sat for six days starting on the 18 June 2024, and continued on 19, 20 and 21 June, then 26 June.
The inquiry started at 10am each day. An updated programme for the remainder of the Inquiry from Thursday 20th June 2024 can be viewed here. (PDF) [188KB]
The inquiry was streamed live each day on the councils YouTube channel.
Further information about the inquiry can be found here by viewing the Appeal Notification Letter (PDF) [270KB].
On Wednesday 26th June 2024 the inquiry was held online via Microsoft Teams. A video of this meeting has been uploaded on to the council's YouTube channel.
If you have any queries regarding the inquiry please contact: Hannah.varley@highpeak.gov.uk
Case Management Conference
On the 10th May 2024 the Planning Inspector appointed to hear this appeal on behalf of the Secretary of State held a case management conference with the representatives for the Council and the Appellant which took place virtually. No discussion took place on merits of the respective parties cases and no evidence was heard or submitted. The purpose of the conference was to set out a clear indication of the ongoing management of the appeals and the presentation of the evidence so that the forthcoming inquiry is conducted in the most efficient and effective manner.
A copy of the 10.5.24 Case Management Conference Summary (PDF) [179KB]
Following the case management conference correspondence was exchanged between the inspector, the Council and the appellant regarding provision of a footpath/cycle link between the site and Gamesley sidings as set out in the following documents:
Emails from the appellant and in response from the Planning Inspectorate 24.5.24 (PDF)
[365KB]
Derbyshire County Council Statement 31.05.24 (PDF)
[12MB]
Statement of HPBC 31.5.24 (PDF)
[180KB]
Statement of Appellant 7.6.24 (PDF)
[4MB]
Inquiry Update
Update by High Peak Borough Council 14.6.24: Evidence in respect of the viability of the site was submitted to the Council by the appellants on 22nd May 2024. The Council's professional witness, having considered the additional information, and in accordance with his professional duties, has concluded that the Council's reasons for refusing the application can no longer be supported. Accordingly, the Council is under a duty to report that it can no longer resist the appeal for the development of this site which is allocated for housing in the Local Plan. The inquiry continued as planned where the inspector considered whether permission for the development should be granted in view of the objections raised by local people.
Evidence Submitted to the Planning Inspectorate
The Council and the Appellants have exchanged proofs of evidence that can be viewed below.
The Council currently intends to call one witness: Mr B O'Brien (planning).
Bruce O’Brien Proof of Evidence on behalf of High Peak Borough Council (PDF)
[972KB]
Bruce O’Brien Proof of Evidence on behalf of High Peak Borough Council (APPENDICES) (PDF)
[726KB]
The Appellant intends to call seven witnesses: Mr I Tavendale (arboricultural), Mr R Heathcote (viability) and Mr M Hourigan (planning) to address the matters of dispute between the parties, together with Ms E Whittle (air quality), Mr R Nicholas (civil engineering/access), Ms R Kerr (ecology) and Mr D Roberts (highways).
Proof of Evidence David Roberts Highways (PDF)
[215KB]
Proof of Evidence David Roberts Highways Appendices (PDF)
[2MB]
Proof of Evidence David Roberts Highways Summary (PDF)
[96KB]
Proof of Evidence E Whittall Air Quality (PDF)
[220KB]
Proof of Evidence E Whittall Air Quality Appendices (PDF)
[169KB]
Proof of Evidence E Whittall Air Quality summary (PDF)
[120KB]
Proof of Evidence Iain Tavendale Arboriculture (PDF)
[875KB]
Proof of Evidence Iain Tavendale Arboriculture Summary (PDF)
[814KB]
Proof of Evidence Marc Hourigan Planning (PDF)
[282KB]
Proof of Evidence Marc Hourigan Planning Summary (PDF)
[861KB]
Proof of Evidence Rachel Kerr Ecology (PDF)
[225KB]
Proof of Evidence Rachel Kerr Ecology Summary (PDF)
[52KB]
Proof of Evidence Richard Heathcote Viability (PDF)
[260KB]
Proof of Evidence Richard Heathcote Viability Appendices (PDF)
[324KB]
Proof of Evidence Richard Heathcote Viability Summary (PDF)
[183KB]
The appellant has produced the following proofs comprising rebuttal evidence of the Council's proof of evidence:
Rebuttal statement made by Richard Heathcote in relation to viability matters (PDF)
[161KB]
Rebuttal statement made by Iain Tavendale in relation to arboricultural matters (PDF)
[839KB]
Rebuttal statement made by Marc Hourigan in relation to planning matters (PDF)
[873KB]
In accordance with the inquiry procedure and timetable the following documents were submitted to the Planning Inspector on the 12th May 2023:
Statement of Common Ground between the parties:
Statement of Common Ground between the Council and the Appellant 12.6.24 (PDF)
[412KB]
Draft 106 agreement take effect should the appeal be granted:
Draft section 106 agreement and undertaking Dinting Vale (PDF)
[5MB]
CIL compliance statement demonstrating that the 106 agreement is compliant with the law:
CIL Compliance statement 12.6.24 (PDF)
[5MB]
Suggested conditions to take effect should the appeal be granted:
Draft Conditions Dinting Vale (PDF)
[299KB]
On 20th June 2024 the Inspector made comments on the draft conditions which can be viewed here: Inspector comments to assist Inquiry discussions on potential conditions (PDF) [387KB]
The Decision
Having heard all the evidence in the matter the Inspector appointed by the Secretary of State made his decision as copy which can be viewed by clicking on the document below.
Appeal Decision Dinting Vale 22.7.24 (PDF) [463KB]
At the end of the inquiry an application for costs against the local authority was made by the appellant and a copy of the decision on costs can be viewed by clicking on the document below.
Appeal Costs Decision Dinting Vale 22.7.24 (PDF) [114KB]
Core Documents
The Core Documents Library appears below. It includes all relevant documents (Core Documents pre-fixed CD) needded during the inquiry. Documents submitted during the course of the inquiry appear in a separate list below the core document list.
Not all documents relating to the application appear in the Core Documents Library, only the ones the Appellants and Council think might be referred to at the inquiry. For the time being all documents relevant to the inquiry can be found on the planning portal that has further information about the application.
You can get to the planning portal by clicking here. -You will need to use the application reference number HPK/2022/0456 to search for the application.
You can view the agreed core documents index amended on the 17th June 2024 here. (PDF) [187KB]
Links to the documents in the index can be accessed below.
4.1 | |
4.1 a | |
4.1 b | |
4.1 c | |
4.1 d | |
4.1 e | |
4.1 f | |
4.2 | |
4.3 | |
4.4 | |
4.4 a | |
4.4 b | |
4.5 | |
4.6 | |
4.6 a | |
4.6 b | |
4.7 | |
4.8 | |
4.8 a | |
4.8 b | |
4.9 | |
4.10 | Policy H4 Extract. (PDF) [62KB] |
4.11 | Proposals Map Site Allocation Extract (Previously Doc. 441). |
4.12 | Report To HPBC Executive 23 June 2022 (Review of the Local Plan) (Previously Doc. 449). |
5.1 | High Peak Local Plan Early Engagement Document January 2023 (Previously Doc. 436). |
Application Documents
Further application documents relating to the Appeal may be found here. - You will need to use the application reference number HPK/2022/0456 to search for the application.
Inquiry Documents
Documents presented to the inspector at the inquiry will be set out below:
If you have any queries regarding the inquiry please contact: Hannah.varley@highpeak.gov.uk