®Planning appeal decision
Land Known As Harmony Park, To the North of Stragglethorpe Road, Cotgrave, Nottinghamshire, NG12 2JZ
Planning appeal 3277889 at Land Known As Harmony Park, To the North of Stragglethorpe Road, Cotgrave, Nottinghamshire, NG12 2JZ (Rushcliffe Borough Council) was decided (quashed on legal grounds) on 24 October 2022 by Inspector Shields T, following a hearing. The main issue, as the Inspector framed it: Whether the development is inappropriate development in the Green Belt.
change of use of land to use as a residential caravan site for one gypsy family, including stationing of two caravans erection of dayroom, laying of hardstanding, construction of new access, and erection of boundary walls
- Authority
- Rushcliffe Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Other minor developments
- Inspector
- Shields T
Main issues, as the Inspector framed them
- Whether the development is inappropriate development in the Green Belt
- the effect on the openness and purposes of the Green Belt
- the effect on the character and appearance of the area
- whether any harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development
What decided it
The family's exceptional personal circumstances, particularly the life-threatening medical condition of one child requiring a stable, adapted home, combined with unmet Gypsy and Traveller pitch need and the lack of a suitable alternative site, amounted to very special circumstances clearly outweighing the Green Belt harm.
The substantial harm from inappropriateness, together with limited harm to openness and Green Belt purposes, was clearly outweighed by the very substantial weight given to the family's personal circumstances, reinforced by unmet pitch need and the absence of a suitable alternative site, amounting to very special circumstances.
What the Inspector cited
- Development plan policies
- Policy 21CS Policy 9CS Policy 10LP Policy 1CS Policy 24CS Policy 25
- National Planning Policy Framework
- Paragraph 149Paragraph 150
- Judgments
- Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3
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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What an account adds to this decision
More decisions in Rushcliffe
The authority’s record since 2016 · every decision in 2022
- Dismissed9 June 20266004544137 Melton Road, Stanton on the Wolds, NG12 5PJ
- Allowed1 June 20266005540200 Melton Road, Stanton on the Wolds, NG12 5BP
- Allowed5 May 2026600641978 Cropwell Road, Radcliffe On Trent, Nottinghamshire, NG12 2JG
- Notice varied and upheld8 September 20253337651Riverside, Fairham Brook Lane, Bunny, Nottingham, Nottinghamshire, NG11 0GB
- Allowed16 June 20253358676Land North West of Lammas Farm, Kneeton Road, East Bridgford, Nottinghamshire, NG13 8PJ
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.