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Planning appeal decision

Notice upheld28 February 20233285162

Plot 2A, Spring View Flintham Lane, Screveton, NOTTINGHAM, NG13 8QY

the material change of use of land for stationing caravans for residential occupation with associated hard standing, internal access road, fencing, package treatment plant, utility buildings and additional landscaping without complying with conditions 1, 3, 4, 5 and 6 imposed by planning permission ref 18/00030/FUL . Summary

Authority
Rushcliffe Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Renaudon L

Main issues, as the Inspector framed them

  • Whether the development accorded with local and national policies concerning the provision of gypsy and traveller sites and the protection of the countryside
  • The effect on character and appearance and on living conditions of the subdivision of the site into additional pitches and the increase in numbers of pitches/caravans
  • Whether the condition relating to the permitted occupiers of the site should be varied

What decided it

No sufficient justification was shown for varying either the pitch-numbers/layout condition or the personal occupancy condition attached to the 2018 permission, and the current occupiers were found already to comply with that condition.

The harm to character and appearance and to living conditions from the unauthorised subdivision, together with the continuing need for a personal occupancy condition, outweighed the absence of any case for relaxation, and no benefits were advanced sufficient to justify varying the conditions.

Plan policies cited: Core Strategy policy 9, Core Strategy policy 10, policy 9(3)(a)

Judgments cited: Finney [2019] EWCA Civ 1868; Armstrong [2023] EWHC 176 (Admin); Reed [2014] EWCA Civ 241

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.