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Dismissed8 October 20213275008

Lord Byron House , Newstead Abbey Park, Nottingham, NG15 8GE

Planning appeal 3275008 at Lord Byron House , Newstead Abbey Park, Nottingham, NG15 8GE (Gedling Borough Council) was dismissed on 8 October 2021 by Inspector Pannell G, by written representations. The main issue, as the Inspector framed it: whether or not the proposal would be inappropriate development in the Green Belt.

replacement dwelling and associated works, including demolition of existing buildings

Authority
Gedling Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pannell G
Postcode
NG15 8GE

Main issues, as the Inspector framed them

  • whether or not the proposal would be inappropriate development in the Green Belt
  • the effect of the proposal on the openness of the Green Belt
  • if the development is inappropriate, whether the harm 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 substantial harm to the Green Belt through inappropriate development and loss of openness, which the Framework requires to be given substantial weight, was not clearly outweighed by the material considerations advanced.

The considerable weight given to the improved sustainability and design of the replacement dwelling and limited weight to fallback positions did not clearly outweigh the substantial weight required to be given to the harm to the Green Belt.

What the Inspector cited

Development plan policies
Policy LPD14Policy 3 of the Aligned Core Strategy 2014
National Planning Policy Framework
Paragraph 11Paragraph 137Paragraph 147Paragraph 148Paragraph 149
Judgments
Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314

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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The authority’s record since 2016 · every decision in 2021

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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.