Planning appeal decision
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision


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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.
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