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Planning appeal decision

Notice upheld28 February 20233285162

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

Planning appeal 3285162 at Plot 2A, Spring View Flintham Lane, Screveton, Nottingham, NG13 8QY (Rushcliffe Borough Council) was dismissed on 28 February 2023 by Inspector Renaudon L, following a hearing. The main issue, as the Inspector framed it: Whether the development accorded with local and national policies concerning the provision of gypsy and traveller sites and the protection of the countryside.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Renaudon L
Postcode
NG13 8QY

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.

What the Inspector cited

Development plan policies
Core Strategy policy 9Core Strategy policy 10policy 9(3)(a)
Judgments
Finney [2019] EWCA Civ 1868; Armstrong [2023] EWHC 176 (Admin); Reed [2014] EWCA Civ 241

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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More decisions in Rushcliffe

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld8 September 20253337651
    Riverside, Fairham Brook Lane, Bunny, Nottingham, Nottinghamshire, NG11 0GB
  2. Notice upheld12 May 20253356371
    Christmas Cottage Flawforth Lane, Ruddington, Nottingham, NG11 6NG
  3. Quashed On Legal Grounds24 October 20223277889
    Land Known As Harmony Park, To the North of Stragglethorpe Road, Cotgrave, Nottinghamshire, NG12 2JZ
  4. Notice upheld28 July 20223284007
    Peacock Lodge, Cotgrave, Nottingham, NG12 3HB
  5. Planning permission granted27 June 20223292434
    Granby Hall, Chapel Lane , Granby , Nottinghamshire , NG13 9PW

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.