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Planning appeal decision

Notice upheld14 April 20233286819

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

a single pitch Traveller site. Summary

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Renaudon L

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.

Plan policies cited: Policy ID8, Policy SS1, Policy SS9, Policy SS10, Policy LC9

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.