Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld11 April 20223235042

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

Planning appeal 3235042 at Land at 249 Alfreton Road, Pye Bridge, Alfreton, DE55 4PB (Ashfield District Council) was allowed in part (a split decision) on 11 April 2022 by Inspector Brown S, following an inquiry. The main issue, as the Inspector framed it: 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.

Material change of use from residential to a mixed use for residential and commercial use comprising coach and mini-bus parking and dispatch, storage of commercial vehicles, storage of scrap vehicles and vehicle parts, siting of 2 portable buildings and lorry body/bodies for commercial storage, and creation of hardstanding

Authority
Ashfield District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Brown S
Postcode
DE55 4PB

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

What the Inspector cited

Development plan policies
Policy EV1Policy ST1Policy NP2Policy NP9Policy AP2
National Planning Policy Framework
Paragraph 137Paragraph 145Paragraph 147Paragraph 148Paragraph 149Paragraph 150
Judgments
Mansi

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.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

12 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Ashfield

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

  1. Quashed On Legal Grounds25 August 20263371810
    46 Mapplewells Road, Sutton-in-Ashfield, NG17 1HW
  2. Allowed25 August 20266011598
    1A Ellis Street, Kirkby In Ashfield, NG17 7AL
  3. Notice varied and upheld23 April 20263355558
    Whiteborough Farm Chesterfield Road, Huthwaite, Sutton-in-Ashfield, NG17 2QJ
  4. Dismissed28 January 20266001120
    Land Between 124 and 142 Church Lane, Selston, Nottinghamshire, NG16 6FD
  5. Allowed3 November 20253366321
    Cedar House, Silverhill Lane, Teversal, Sutton-in-Ashfield, Nottinghamshire, NG17 3JJ

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.