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Planning appeal decision

Notice upheld28 July 20233302567

Land to the North West of 21 Mansfield Road, Killamarsh, S21 2BW

Planning appeal 3302567 at Land to the North West of 21 Mansfield Road, Killamarsh, S21 2BW (North East Derbyshire District Council) was dismissed on 28 July 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: whether or not the development is inappropriate development in the Green Belt including its effect on openness and the purposes of the Green Belt.

1) without planning permission, material change of use of Land to a mixed use comprising the stabling, keeping and exercise of horses and a use for amenity and recreational fishing; 2) operational development carried out to facilitate the use described in 1) above, namely: a) building operations comprising the erection of two stables buildings shown for the purposes of identification shaded black on the attached plan; b) engineering operations comprising the formation of an access track and hardstanding, shown shaded green on the attached plan; c) engineering operations comprising the excavation and re-profiling of the Land including the construction of three ponds and associated embankments in the area shaded blue on the attached plan

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Hartley D
Postcode
S21 2BW

Main issues, as the Inspector framed them

  • whether or not the development is inappropriate development in the Green Belt including its effect on openness and the purposes of the Green Belt
  • the effect of the development on the landscape character of the area
  • whether the land is contaminated and, if so, its effect on human health
  • the effect of the development on biodiversity
  • whether intentional unauthorised development has taken place
  • if the development is inappropriate in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify development

What decided it

The development constitutes inappropriate development in the Green Belt causing moderate harm to openness and significant harm to landscape character, with additional risks from contaminated land and unassessed biodiversity impacts, which are not clearly outweighed by other considerations to amount to very special circumstances.

What the Inspector cited

Development plan policies
SS10SS1SDC3SDC13SDC14SDC4
National Planning Policy Framework
Paragraph 148Paragraph 149Paragraph 150Paragraph 174Paragraph 183

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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More decisions in North East Derbyshire

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.