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Planning appeal decision

Notice varied and upheld8 November 20243309558

The Land Known As Land Adjacent 313 Nottingham Road, Toton, Nottingham, NG9 6EG

Planning appeal 3309558 at The Land Known As Land Adjacent 313 Nottingham Road, Toton, Nottingham, NG9 6EG (Broxtowe Borough Council) was allowed in part (a split decision) on 8 November 2024 by Inspector Kean G, following a hearing. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt (GB) and the effect of the proposal on the openness of the GB.

without the benefit of planning permission (i) the material change of use of the land to residential and (ii) the siting of a static mobile home, the raising of site levels and the construction of close boarded fencing on the western, eastern and southern boundaries of the site. The position of the fencing is annotated on the attached plan in green

Authority
Broxtowe Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Kean G
Postcode
NG9 6EG

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt (GB) and the effect of the proposal on the openness of the GB
  • character and appearance
  • flood risk
  • living conditions of neighbouring occupiers, including 313 Nottingham Road
  • provision for gypsy and traveller sites
  • whether appellant/occupants have overriding need for accommodation
  • planning balance including whether the harm to the GB by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations such as to amount to the very special circumstances necessary to justify the development

What decided it

The unacceptable and continuing flood risk to occupiers and neighbouring properties, which was not outweighed by the best interests of the child or unmet gypsy and traveller need, determined that planning permission should be refused.

the best interests of the child and unmet gypsy/traveller need outweighed the Green Belt, character and living conditions harms, but these considerations did not outweigh the serious flood risk harm, so the appeal on ground (a) failed

What the Inspector cited

Development plan policies
Policy 9.2 c) of the Broxtowe Aligned Core Strategy 2014 (CS)CS Policy 10Policy 17 of the Broxtowe P2LP (LP)LP Policy 16CS Policy 1LP Policy 1
National Planning Policy Framework
Paragraph 153Paragraph 164

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

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More decisions in Broxtowe

The authority’s record since 2016 · every decision in 2024

  1. Dismissed15 June 20266002184
    Ropewalk Farm, Anchor Road, Eastwood, NG16 3RU
  2. Notice varied and upheld20 April 20263346391
    7A Middleton Crescent, Beeston, Nottinghamshire, NG9 2TH
  3. Allowed23 February 20263362375
    Cloud House, 170 Nottingham Road, Stapleford, Nottinghamshire, NG9 8AR
  4. Notice upheld28 November 20253367400
    53 Main Street, Kimberley, Nottingham, NG16 2NG
  5. Notice upheld28 November 20253366511
    Park View Cottage Main Street, Strelley, Nottingham, Nottinghamshire, NG8 6PE

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.