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Planning appeal decision

Notice varied and upheld13 June 20223196972

Land to the North West Side of Winthorpe Road, Newark, Nottinghamshire , NG24 2AB

Planning appeal 3196972 at Land to the North West Side of Winthorpe Road, Newark, Nottinghamshire , NG24 2AB (Newark & Sherwood District Council) was allowed in part (a split decision) on 13 June 2022 by Inspector Kean G, following a hearing. The main issue, as the Inspector framed it: The 2020 Gypsy and Traveller Accommodation Assessment (GTAA).

Appeal A: material change of use of land to use as a caravan site, including the stationing of caravans and their use for residential purposes, and the erection of a structure; Appeal H: operational development including hardstanding, erection of a building and concrete base, and burying of utility cables/pipes/containers

Authority
Newark & Sherwood District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Kean G

Main issues, as the Inspector framed them

  • The 2020 Gypsy and Traveller Accommodation Assessment (GTAA)
  • The Open Break policy: August 2019 review
  • The Open Break policy: A46 Newark Bypass upgrade
  • Road noise and subsequent grant of permission by the A1M in Newark
  • Flood risk issues
  • Personal circumstances
  • Implications of the Police, Crime, Sentencing and Courts Bill (PCSCB)

What decided it

The combined and substantial harm from conflict with the Open Break policy, unresolved flood risk, and the noise environment's impact on occupants' living conditions was found to outweigh the significant considerations in favour of the development, including for a temporary permission.

the combined harm to the open break, flood risk and living conditions/noise was found to clearly outweigh the significant material considerations in favour of the development (lack of a five-year pitch supply, absence of alternative sites, and personal circumstances), so that neither a permanent nor a temporary planning permission was justified

What the Inspector cited

Development plan policies
NUA/OB/1Core Policy 5(6) of the CSCore Policy 5(6) of the Amended CS
National Planning Policy Framework
Paragraph 163
Judgments
Smith v Secretary of State for Housing Communities and Local Government [2020] EWHC 3827 (Admin); Chapman v United Kingdom (2001) 33 EHRR 18

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Newark and Sherwood

The authority’s record since 2016 · every decision in 2022

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  4. Notice upheld20 April 20263363851
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  5. Allowed4 December 20253364181
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.