®Planning appeal decision
Land to the north west of 21 Mansfield Road, Killamarsh, S21 2BW
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
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.
Framework references: 148, 149, 150, 174, 183
Plan policies cited: SS10, SS1, SDC3, SDC13, SDC14, SDC4
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.