®Planning appeal decision
Land Rear of 132, Main Road, Underwood, Nottingham, Notts, NG16 5GN
- Authority
- Ashfield District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Taylor K
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
- The effect of the proposal on the openness of the Green Belt
- The effect of the proposed development on the character and appearance of the area
- The safe and efficient operation of the highway network in the vicinity of the appeal site
- The effect of the proposal on the living conditions of future neighbouring occupiers, with regard to privacy
- If the proposal is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The significant harm to character and appearance, living conditions of future neighbouring occupiers, and highway safety concerns, when weighed against the limited benefits of one additional dwelling, demonstrably outweighed the benefits even under the tilted balance.
The benefits of housing delivery and the shortfall in five-year housing land supply were outweighed by the significant harm to character and appearance, living conditions of future neighbouring occupiers, and highway safety concerns, such that the presumption in favour of sustainable development did not apply.
Framework references: 11, 30, 149, 147, 219, 36
Plan policies cited: Saved Policy EV1 of the Ashfield Local Plan Review 2002, Saved Policy HG5(g) of the Ashfield Local Plan Review 2002, Saved Policy ST1(b) of the Ashfield Local Plan Review 2002, Saved Policy HG5(e) of the Ashfield Local Plan Review 2002, Saved Policy HG5(a) of the Ashfield Local Plan Review 2002, Saved Policy HG5(b) of the Ashfield Local Plan Review 2002, Policy NP2 of the Jacksdale, Underwood and Selston Neighbourhood Plan 2017-2032
Judgments cited: Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL, 1982, P37]; Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195; Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1) [2016] EWCA Civ 404
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.