Land adjoining 313 Nottingham Road, Toton, Nottingham, Nottinghamshire, NG9 6EG

Main issues, as the Inspector framed them

• Whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies
• The effect of the proposal on the openness of the Green Belt
• Whether the development would conform with local policies and national guidance with regard to flood risk
• The effect of the proposal on the character and appearance of the area
• The effect of the proposal on the living conditions of occupiers of 313 Nottingham Road, with particular regard to overlooking
• Whether the Council has made sufficient provision for gypsy and traveller sites in accordance with local policies and national guidance
• Whether there is overriding need for the development
• Whether the harm to the Green Belt, by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations. If it is, would this amount to the very special circumstances necessary to justify the proposal

What decided it

The significant and unresolved harm arising from flood risk, including failure of the sequential and exception tests, was not outweighed by the personal circumstances and overriding need for a gypsy and traveller pitch.

The best interests of the child, personal circumstances and unmet need for gypsy and traveller pitches were found to clearly outweigh the Green Belt, character and appearance, and living conditions harms, but did not outweigh the significant conflict and harm arising from flood risk, so the appeal was dismissed.