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Planning appeal decision

Notice upheld14 April 20233286819

Land South of Fishing Pond, Boiley Lane, Killamarsh, S21 1AG

Planning appeal 3286819 at Land South of Fishing Pond, Boiley Lane, Killamarsh, S21 1AG (North East Derbyshire District Council) was dismissed on 14 April 2023 by Inspector Renaudon L, following a hearing. The main issue, as the Inspector framed it: The effects on the openness and purposes of the Green Belt.

a single pitch Traveller site. Summary

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Renaudon L
Postcode
S21 1AG

Main issues, as the Inspector framed them

  • The effects on the openness and purposes of the Green Belt
  • The effects on the character and appearance of the countryside, to include the relevance of policy ID8, seeking to protect Greenways and public rights of way
  • The degree of compliance with policy LC9, the criteria-based policy applicable to applications for Traveller sites
  • Whether the harm to the Green Belt and other harm is clearly outweighed by other considerations such that very special circumstances exist to justify the development

What decided it

The considerations advanced in favour of the development were insufficient to clearly outweigh the substantial harm to the Green Belt and other identified harm, so very special circumstances did not exist.

The considerable weight given to the appellant's caring responsibilities and moderate weight to the Traveller site need, LC9 compliance and lack of an alternative site did not clearly outweigh the substantial Green Belt harm and moderate countryside harm, so very special circumstances were not established and both appeals were dismissed.

What the Inspector cited

Development plan policies
Policy ID8Policy SS1Policy SS9Policy SS10Policy LC9

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.

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The decision letter

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

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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.