®Planning appeal decision
The land known as Land adjacent 313 Nottingham Road, Toton, Nottingham, NG9 6EG
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
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
Framework references: 153, 164
Plan policies cited: Policy 9.2 c) of the Broxtowe Aligned Core Strategy 2014 (CS), CS Policy 10, Policy 17 of the Broxtowe P2LP (LP), LP Policy 16, CS Policy 1, LP Policy 1
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.