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Planning Inquiry Taxal Edge

Public Inquiry: Land at Taxal Edge and Taxal Edge

Site: Land at Taxal Edge and Taxal Edge, 184 Macclesfield Road, Whaley Bridge, SK23 7DR

PINS REF: Appeal A, Enforcement Notice Appeal: APP/H1033/C/22/3297854 & Appeal B, s78 Appeal relating to 184 Taxal Edge APP/H1033/W/21/3272745

A public inquiry is taking place regarding two related appeals that have been made, firstly an application for demolition of the existing building known as "Taxal Edge" and the detached garage building and the erection of 7 no. dwellings and secondly an enforcement notice that has been served in relation to the conversion of a former classroom building on land that adjoins the application site.

About the public inquiry

An inspector has been appointed by the Secretary of State and the appeals will be heard by way of a public inquiry. The inquiry will sit for four days starting on the 15th November 2022 and is to be held at the Leewood Hotel, 13 Manchester Road, Buxton, SK17 6QT.

The inquiry is being held in person and anyone can visit to observe proceedings or to make their views about the application or enforcement notice known to the inspector.

Case Management Conference

On the 3rd of October 2022 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 Case Management Conference Summary. [155KB]

Evidence Submitted to the Planning Inspectorate

The Council and the Appellants in these appeals have exchanged proofs of evidence that may be viewed here:

For the Appellant:           

For the Council:

Core Documents

Below is the Core Documents Library. This includes all relevant documents (Core Documents pre-fixed CD) for the inquiry. This is currently a work in progress and will continue to be developed, updated, and populated in the run-up to the inquiry and may also be updated whilst the inquiry is sitting.

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.  If the document you are looking for is not here then you will find it in the planning portal that has further information about the application. You can get to the planning portal by clicking here.

CD1

Relevant Application documents, Appeal B

CD1.1

Application form [142KB]

CD1.2

Planning, Design and Access Statement (Emery Planning, July 2020)

CD1.3

Site Location Plan (TADW drawing no. 411179 10 P4)

CD1.4

Existing Site Plan (TADW drawing no. 411179 19 P4)

CD1.5

Proposed Site Plan (TADW drawing no. 411179 20 P14)

CD1.6

House Type A - Floor Plans and Elevations (TADW drawing no. 411179 21 P8) [1MB]

CD1.7

House Type B - Floor Plans and Elevations (TADW drawing no. 411179 22 P7) [1MB]

CD1.8

House Type C - Floor Plans and Elevations (TADW drawing no. 411179 23 P7) [1MB]

CD1.9

Garage Plan - Floor Plan and Elevations (TADW drawing no. 411179 24 P3)

CD1.10

Landscape Works - General Arrangement Plan (The Plant Room drawing no. PR/0/GC04/GA/01)

CD1.11

Street scene images

CD1.12

Extended Phase 1 Habitat Survey Report (NLG, April 2020) [7MB]

CD1.13

Phase 1 Site Investigation Report (Peak Environmental, May 2020) [10MB]

 

CD2

Additional Plans, Drawings & Documents submitted after validation, Appeal B

CD2.1

Updated tree condition report 19.6.20 Thompson Tree Services

CD2.2

Bat Survey by NLG Ecology Ltd dated August 2020 (ref: V1)

CD2.3

Submitted with email on 1 September 2020: Site sections (drawing no. 411179-25-P1)

CD2.4 (a) to (e)

Submitted with email on 3 November 2020:

a. Landscape Design Statement by The Plant Room dated October 2020

b. Proposed Landscape works plan by The Plant Room (drawing no. PR/20/GC04/GA/01 Rev A)

c. Site sections (drawing no. 41179-25-P2)

d. Tree Schedule / Tree Constraints Plan / Arboricultural Impact Assessment by Thomson Tree Services dated November 2020

e. Arboricultural Method Statement & Tree Protection Plan by Thomson Tree Services dated November 2020

CD2.5 (a) to (j)

Submitted with email on 6 January 2021:

a. Opinion of Jonathan Easton, Kings Chambers dated 30 September 2020

b. Opinion of Jonathan Easton, Kings Chambers dated 4 November 2020

c - Drone image taken December 2020 [5MB]

d.  Drone image with proposed development [5MB]

e. Birds-eye view cut out visual image

f. Application form 2008

g. Decision notice HPK/2008/0069 granted 28 March 2008

h. Location plan 2008

i. Location plan 2013

j. Location plan stamped 2009

CD2.6

Letter to HPBC dated 1 March 2021 addressing housing mix types

 

CD3

Committee report and decision notice, Appeal B

CD3.1

Report to Development Control Committee 19.4.21

CD3.2

Update sheet to Development Control Committee 19.4.21

CD3.3

Development Control Committee Presentation 19.4.21 [6MB]

CD3.4

Decision Notice

 

CD4

Appeal Documents, including those prepared for the adjourned hearing on the 15th March 2022, Appeal B

CD4.1

Appeal Form

CD4.2

Appellant Statement of Case April 2021

CD4.3

Appellant updated Statement of Case July 2021

CD4.4

Appendices to Appellant updated Statement of Case July 2021 [18MB]

CD4.5

Appellant Landscape Appeal Statement by Barnes Walker July 2021 including Revised Landscape Layout - drawing M3414-PA-01-V2 (supersedes the   Plant   Room   drawing   no. PR/0/GC04/GA/01) [15MB]

CD4.6

Appellant Hearing Statement of Ecology (Andrew Baker) March 2022

CD4.7

Amended appeal form April 21, with Certificate B

CD4.8

Notice of Appeal under Articles 13 and 36 and letter to landowner February 2022 [143KB]

CD4.9

Adjoining landowner (Mr and Mrs Cullen) letter of support March 2022

CD4.10

Confirmation of ecologists assessment of trees (Andrew Baker) March 2022

CD4.11

Council letter to the planning inspectorate 10.2.22 regarding council's statement of case and various matters [157KB]

CD4.12

Council landscape statement March 2022

CD4.13

Council landscape statement (Additional Views) March 2022

CD4.14

Derbyshire Wildlife Trust Statement March 2022

CD4.15

Council appeal scheme planning balance submission March 2022

CD4.16

Signed Statement of Common Ground as at 11.3.22

CD4.17

Legal submission relating to fallback prepared by Council [75KB]

 

CD5

Enforcement Notice and Enforcement Notice Appeal Documents, Appeal A

CD5.1

Enforcement Notice dated 31.3.22 [2MB]

CD5.2

Letter from Appellant to PINS 28.4.22 enclosing appeal form with grounds of appeal [231KB]

CD5.3

Appellant Statement of Case dated 29.6.22 [156KB]

CD5.4

Council Statement of Case dated 29.6.22 [103KB]

CD5.5

Appellant comments on Council Statement of Case 26.7.22 [95KB]

CD5.6

Council comments on Appellant Statement of Case 26.7.22 [79KB]

CD5.7

Not used 

CD5.8

GDPO 2015 as amended as at 12.10.22 Arts 1-4, sch2, art 1 classes A-C (extract) [420KB]

 

CD6

Development Plan Documents and Local Planning documents

CD6.1

High Peak Local Plan April 2016 (whole document up to page 164) [13MB]

CD6.1 (a)

(a) High Peak Local Plan Map (extract Whaley Bridge) [4MB]

CD6.2

The Landscape Character Supplementary Planning Document (March 2006) [1MB]

CD6.3

High Peak Borough Council Adopted Residential Design Guide (December 2005) [4MB]

CD6.4

High Peak Borough Council High Peak Design Guide Supplementary Planning Document (February 2018)

CD6.5

Wardle Armstrong Landscape Impact assessment (local plan evidence base document) 2014 extract up to page 104 [1MB]  

CD6.6

National design guide extract pages 1 to 32 [6MB]

 

CD7

Relevant Appeal Decisions

CD7.1

Appeal Ref: APP/H1033/W/16/3147726, Manchester Road, Tunstead Milton

CD7.2

TAPPC95W1525638372, Land at the rear of the Green Man Public House [604KB]

CD7.3

APPJ4525C183210822 & 3210823, 29 West Bridge Street [122KB]

 

CD8

Relevant Judgements

CD8.1

Corbett (on the application of) v Cornwall Council [2022] EWCA Civ 1069

CD8.2

R(Mansell) v Tonbridge & Malling BC [2017] EWCA Civ 1314,

CD8.3

Hillside Parks Ltd v Snowdonia National Park Authority [2020] EWCA Civ 1440

CD8.4

Pilkington v Secretary of State for the Environment and Others [1973] 1 WLR 1527 CA [601KB]

CD8.5

Tewkesbury BC v SSHCLG [2021] EWHC 2782 (Admin)

CD8.6

Meilsels v SOSHCLG [2019] EWCH 1987 [199KB]

CD8.7

Hart Aggregates v Hartlepool Borough Council 2005 EWHC 840 [222KB]

CD8.8

Hammerton v London Underground Limited 2002 EWHC 2307 [475KB]

CD8.9

Mansell v Tonbridge and Malling 2016 EWHC 2832 [202KB]  

CD8.10

Corbett & Cornwall Council and Wilson [2021] EWHC 1114 (ADMIN) [837KB]

CD8.11

CD8.11 - Hillside Parks Ltd v Snowdonia National Park Authority 2022 UKSC 30 [314KB]

CD8.12

Gestmin v Credit Suisse 2013 EWHC 3560 (Comm) [373KB]

CD8.13

Worthy fuel Injections v Secretary of State for the Environment 1983 JPL 173 [218KB]

CD8.14

Ewen Developments v Secretary of State for the Environment [1980] J.P.L. 404 [346KB]

 

CD.9

Previous Relevant Planning Consents

CD9.1

(a) To (c)

HPK/0002/5081

(a)      Plan reference 1452/21 [1MB]

(b)      Plan reference 1452/23 [699KB]

(c)      Decision Notice [790KB]

 

CD9.2 (a) to (d)

HPK/2008/0069

a.Application Form

b.         Location Plan 1 [1MB]

c.         Location Plan 2 [981KB]

d.Decision Notice

CD9.3 (a) to (w)

HPK/2009/0689 

a. Location Plan

b. Site Plan 1

c.      Site Plan 2

d.      10/358/01A ground floor plan proposed layout

e.      09/358/02A first and second floor layout schematic

f.       10/358/03A existing and proposed west elevation

g.      10/358/04A existing and proposed south elevation

h.      10/358/05A existing and proposed east elevation

i.        10/358/06A existing and proposed north elevation

j.        10/358/07 garage conversion proposed floor plans

k.      09/358/08 garage conversion existing elevations

l.        Drg 09-358-06 Proposed floor plans conversion/change of use to house [279KB]

m.    09/358/09A garage conversion proposed  elevations

n.      Tree Protection Plan South

o.      Tree Constraints Plan North

p.      Design and Access Statement [6MB]

q.      Tree Appraisal [10MB]

r.       Delegated Report

s.      Decision Notice

t.       Application for approval of details reserved by condition (3, 4, 6, 7, 8, 9 and 12)  22.11.12 [933KB]

u.     HPBC Condition Discharge Letter 19.12.12

v.      Application for approval of details reserved by condition (2) 06.03.13 [866KB]

w.     HPBC Condition Discharge Letter 15.04.13

CD9.4 (a) to (n)

HPK/2013/0503

a)     Location Plan

b)     Site Plan

c)     13/382/01A Rev A proposed ground floor

d)     13/382/02A proposed first floor

e)     13/382/03 proposed second floor

f)       13/382/04 existing south and north elevations

g)     13/382/05 existing east and west elevations

h)     13/382/06 proposed south and north elevations

i)       13/382/07A proposed east and west elevations

j)       13/382/09 first floor schematic layout proposed and existing

k)     13/382/010 site plan 2

l)       Tree Constraints Document 4 

m)    Delegated Report

n)     Decision Notice

 

CD10

Other

CD10.1

Council Building Control Record September 2011

CD10.2

Not Used 

CD10.3

Derbyshire County Council tree preservation order 7.2.1980 [2MB]

CD10.4

DCC additional consultation response 6.10.22 [1MB]

CD10.5

Statement of Common Ground [293KB]

CD10.5a 

Landscape Statement of common ground [141KB]

CD10.5b

Statement of Common Ground, annex in respect of dimensions of former classroom block [138KB]

CD10.6

Photographs taken at site visit on the 27.10.22 [4MB]

 

CD11

Correspondence Appellant's Document List April 2021

CD11.1

2020-07-26 - HPBC acknowledgment HPK-2020-0301

CD11.2

2020-07-30 - HPBC validation Letter Agent - App ref HPK20200301

CD11.3

2020-08-03 - EP to HPBC-RS re officer report

CD11.4

2020-08-17 - EP to HPBC re comment by Mr & Mrs Whittel in public domain

CD11.5

2020-08-18 - HPBC response to comment by Mr & Mrs Whittel in public domain

CD11.6

2020-09-01 - email chain re consultee responses and extension time

CD11.7

2020-09-02 - email chain re extension time and fallback assessment by LPA and committee

CD11.8

2020-09-07 - BP to HPBC re comments by Cllr Thomson

CD11.9

2020-09-18 - EP response to HPBC re fallback (Cllr Thomson comments)

CD11.10

2020-09-21 - EP to HPBC responding re implementation of permissions

CD11.11

2020-09-21 - issue of TPO

CD11.12

2020-09-28 - EP to HPBC re officer recommendation to refuse

CD11.13

2020-09-30 - EP to HPBC re consultee comments in officer report

CD11.14

2020-09-30 - HPBC response re officer report & EP confirmation not withdrawing application

CD11.15

2020-10-01 - EP to HPBC submitting Opinion Sept 2020

CD11.16

2020-10-02 - extension time and deferral from committee

CD11.17

2020-10-21 - chasing response re meeting re trees & landscaping & feedback on opinion 2020-10-28 - EP extension time request [454KB]

CD11.18

2020-10-28 - EP response to HPBC - Rachel Simpkin email

CD11.19

2020-10-30 - BP response to HPBC re November committee

CD11.20

2020-10-30 - email chain re uploading docs and planning committee

CD11.21

2020-10-30 - EP (BP) response re extant permissions

CD11.22

2020-11-03 - EP-BP to HPBC-RS re tree report

CD11.23

2020-11-05 - EP-BP to LPA with opinion of Nov 2020

CD11.24

2020-11-06 - BP email to LPA re opinions - site history - treatment of info 2020-11-06 - letter including opinions to committee members [743KB]

CD11.25

2020-11-09 - email to LPA with committee speech

CD11.26

2020-11-09 - to LPA requesting meeting

CD11.27

Not used

CD11.28

2020-11-11 - email to LPA chasing meeting

CD11.29

2020-11-11 - emails with LPA arranging meeting 2020-11-11 - emails with LPA re meeting dates [357KB]

CD11.30

2020-11-17 - email to HPBC with info for meeting

CD11.31

2020-11-25 - EP-BP without prejudice response to HPBC with revised sketch

CD11.32

2020-11-25 - LPA chasing revised sketch & agreed extension time

CD11.33

2020-12-01 - EP-BP to HPBC chasing response on revised sketch

CD11.34

2020-12-07 - EP-BP further chasing response

CD11.35

2021-01-06 - email chain regarding revisions to scheme [8MB]

CD11.36

2021-01-07 - RG-EP chasing HPBC-RS for response to email 06-01-2020

CD11.37

2021-01-13 - EP-RG further chasing HPBC-RS for response to email 06-01-2020 2021-01-19 - email chain following info supplied 06-01-2021 [455KB]

CD11.38

2021-01-21 - EP-RG to HPBC chain chasing info on LPA website

CD11.39

2021-01-07 - RG-EP chasing HPBC-RS for response to email 06-01-2020

CD11.40

2021-02-15 - EP-RG to HPBC re planning committee

CD11.41

2021-02-24 - EP-RG to HPBC chasing progress

CD11.42

2021-03-01 - EP-BP to HPBC re housing mix

CD11.43

2021-03-12 - EP-RG to HPBC querying why not on March committee

CD11.44

2021-03-23 - EP email to HPBC & PINS re intention to submit appeal

Application Documents

Further application documents relating to Appeal B may be found here

Inquiry Documents

Documents presented to the inspector at the inquiry are set out below:

IDInquiry Documents

ID1

Opening Submissions of the Appellant [317KB]

ID2

Opening Submissions of the Council [210KB]

ID3

Signed Joint Statement of Common Ground [1MB]

ID4

Signed Annex to Signed Joint Statement of Common Ground [1MB]

ID5

Signed Joint Statement of Common Ground in respect of Landscape Matters [447KB]

ID6

Contours Plan Ref M3414-PA-03-Land Above 240m AOD [964KB]

ID7

Council Tax document [459KB]

ID8

Plan showing 1.839m difference in ridge height [47KB]

ID9

Taxal Edge Elevational Diagram [445KB]

ID10

Site Visit navigation details for location of LPSs View Points [89KB]

ID11

Technical data of example Blue-Black Cromleigh Graphite roof tile [188KB]

ID12

Plan to be attached to the Enforcement Notice as [16KB]

ID13

Cedral Ireland fibre cement slates fixing guide [715KB]

ID14

Burroughs Day v Bristol City Council 1996 Lexis Citation 3354 [40KB]

ID15

Closing Submissions for the Council [266KB]

ID16

Closing Submissions on behalf of the Appellant [196KB]