®Planning appeal decision
Kilvington Lakes, Vale of Belvoir, Newark, NG13 9PD
Planning appeal 3271892 at Kilvington Lakes, Vale of Belvoir, Newark, NG13 9PD (Newark & Sherwood District Council) was dismissed on 26 April 2023 by Inspector Raygen Z, by written representations. The main issue, as the Inspector framed it: Whether conditions 17 and 18 are necessary and reasonable having regard to the location of the site in the open countryside.
the development of 34 self-catering holiday units, a 25-bed Inn building, Watersports building, Storehouse and Outfitters along with a commercial and educational unit, nature trails, cycle trails, pathways and family facilities and the re-routing a public right of way without complying with conditions attached to planning permission Ref 19/01097/FULM dated 23 January 2020
- Authority
- Newark & Sherwood District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Major retail and services
- Inspector
- Raygen Z
- Postcode
- NG13 9PD
Main issues, as the Inspector framed them
- Whether conditions 17 and 18 are necessary and reasonable having regard to the location of the site in the open countryside
- Whether the proposal makes an appropriate contribution to affordable housing if conditions 17 and 18 are removed
- The effect of the removal of conditions 17 and 18 on healthcare and public transport
- The effect of the removal of conditions 17 and 18 on highway safety
What decided it
The removal of the conditions would result in permanent residential development in the open countryside contrary to the spatial strategy and development plan policies, and this conflict could not be outweighed by the identified housing need or other material considerations.
The identified need for housing for over-50s and the benefits to the housing market of bungalow accommodation for older people were given overall modest weight, but this was insufficient to outweigh the conflict with the development plan's spatial strategy, affordable housing requirements, and accessibility and infrastructure policies.
What the Inspector cited
- Development plan policies
- Policy SP3Policy SP7Policy SP6Policy CP1Policy CP2Policy DM8Policy DM3
- National Planning Policy Framework
- Paragraph 60
- Judgments
- Freddie Reid v SSLUHC & (IP) Newark & Sherwood DC [2022] EWHC 3116 (Admin); Finney v Welsh Ministers [2019] EWCA Civ 1868
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.