Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Allowed7 February 20233304814

Shady Oaks , Eagle Road, Spalford, NG23 7HA

Planning appeal 3304814 at Shady Oaks , Eagle Road, Spalford, NG23 7HA (Newark & Sherwood District Council) was allowed on 7 February 2023 by Inspector Gilbert J, following a hearing. The main issue, as the Inspector framed it: whether the site is suitably located with regard to proximity to services.

change of use of land to provide 4 pitches (1 static and 1 touring caravan and two parking spaces on each pitch) hardstanding and associated infrastructure for members of the Gypsy and Traveller community

Authority
Newark & Sherwood District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Gilbert J
Postcode
NG23 7HA

Main issues, as the Inspector framed them

  • whether the site is suitably located with regard to proximity to services
  • the effect on the character and appearance of the area
  • whether any harm identified, including conflict with the development plan, would be outweighed by other considerations

What decided it

The significant unmet need for gypsy and traveller pitches, the shortfall against the five-year pitch supply, and the absence of suitable alternative sites outweighed the identified harms.

The moderate harm to location/access to services and to character and appearance was clearly outweighed by the significant weight given to unmet pitch need, the shortfall in five-year pitch supply, and the lack of alternative sites.

What the Inspector cited

Development plan policies
ACS Spatial Policy 1ACS Spatial Policy 3ACS Core Policy 4ACS Core Policy 5ACS Core Policy 13ADM Policy DM5ADM Policy DM8
National Planning Policy Framework
Paragraph 11Paragraph 38Paragraph 47Paragraph 55Paragraph 56Paragraph 57Paragraph 62Paragraph 74Paragraph 105Paragraph 174
Judgments
North Wiltshire District Council v Secretary of State for the Environment and Clover [1993] 65 P. & C.R. 137; Dunster Properties Ltd v First Secretary of State [2007] EWCA Civ 236; Smith v SSLUHC & Others [2022] EWCA Civ 1391

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 applied

The 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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

13 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Newark and Sherwood

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

  1. Allowed14 January 20266001425
    Land off St Michael's Close, Halam, Southwell, Notts, NG22 8AR
  2. Allowed4 December 20253364181
    Land North of Main Road, Kelham, Nottinghamshire, NG23 5QY
  3. Allowed15 May 20253344502
    Land at Knapthorpe Lodge, Hockerton Road, Caunton, NG23 6BA
  4. Allowed15 May 20253344500
    Field Reference 2227, Hockerton Road, Caunton, NG23 6BA
  5. Allowed20 December 20243345687
    Field NO.2587, Southwell Road, Oxton Hill, Southwell, Nottinghamshire, NG25 0RN

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.