®Planning appeal decision
Shady Oaks , Eagle Road, Spalford, NG23 7HA
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
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.
Framework references: 11, 38, 47, 55, 56, 57, 62, 74, 105, 174
Plan policies cited: ACS Spatial Policy 1, ACS Spatial Policy 3, ACS Core Policy 4, ACS Core Policy 5, ACS Core Policy 13, ADM Policy DM5, ADM Policy DM8
Judgments cited: 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
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.