Land at 249 Alfreton Road, Pye Bridge, ALFRETON, DE55 4PB

Authority: Ashfield District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: employment-industrial · Change of use
Inspector: Brown S

Main issues, as the Inspector framed them

Whether the alleged material change of use is appropriate development within the Green Belt, and its effect upon Green Belt interests in the light of prevailing national and local planning policy.
The effect of the alleged material change of use on the character and appearance of the appeal site and the area in the vicinity.
The effect of the alleged material change of use on living conditions for occupants of nearby dwellings in terms of noise and general disturbance.
Whether any harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development.

What decided it

The very significant harm to the openness and character of the Green Belt and to residential amenity was not clearly outweighed by the other considerations put forward, so very special circumstances did not exist to justify the development.

the very considerable harm to Green Belt openness, character and appearance, and residential amenity was not clearly outweighed by the community transport, economic and sustainability benefits of the bus operation, so very special circumstances did not exist and the ground (a) appeal failed

Framework references: 137, 145, 147, 148, 149, 150

Plan policies cited: Policy EV1, Policy ST1, Policy NP2, Policy NP9, Policy AP2

Judgments cited: Mansi

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.