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Quashed On Legal Grounds19 December 20223264553

Plot 6, Land at Kirby Glebe Farm, Off Atherstone Road, Hartshill, Nuneaton, CV10 0TB

Planning appeal 3264553 at Plot 6, Land at Kirby Glebe Farm, Off Atherstone Road, Hartshill, Nuneaton, CV10 0TB (North Warwickshire Borough Council) was decided (quashed on legal grounds) on 19 December 2022 by Inspector Dyer S, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the surrounding area and the landscape with particular reference to the cumulative effects of the development of the site together with development on adjacent land.

change of use of land to use as a residential caravan site for 4 No. gypsy families, each with 2 No. caravans, together with laying of hardstanding and erection of 4 No. ancillary amenity buildings

Authority
North Warwickshire Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Dyer S
Postcode
CV10 0TB

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the surrounding area and the landscape with particular reference to the cumulative effects of the development of the site together with development on adjacent land.
  • The effect of the development on the safety and convenience of users of the access road, including at the junction with Atherstone Road.

What decided it

The finding that the proposed gypsy and traveller site accorded with the development plan's character/appearance and highway safety criteria, subject to conditions, determined the outcome of Appeal A.

the development was found to accord with the development plan as a whole and there were no other material considerations indicating a different outcome, so the appeal was allowed

What the Inspector cited

Development plan policies
Policy LP1Policy LP10Policy LP29Policy BE2
Judgments
Smith v SSLUHC & Ors [2022] EWCA Civ 1391

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

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More decisions in North Warwickshire

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

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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.