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Planning appeal decision

Notice varied and upheld27 September 20233312427

Land to the West of Southern Barn, Manor Farm, Gainsborough Road, Langford, Newark, NG23 7RW

Planning appeal 3312427 at Land to the West of Southern Barn, Manor Farm, Gainsborough Road, Langford, Newark, NG23 7RW (Newark & Sherwood District Council) was allowed in part (a split decision) on 27 September 2023 by Inspector Russell J, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has occurred (ground b).

…permeable surfacing comprising layer of loose hardcore and change of use of section of former agricultural land to storage for trailers

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Russell J
Postcode
NG23 7RW

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has occurred (ground b)
  • Whether the alleged breach constitutes a breach of planning control (ground c)
  • Whether enforcement action was time-barred (ground d)
  • Whether the requirements of the notice are excessive (ground f)
  • Whether the compliance periods are reasonable (ground g)
  • Whether the proposed use is acceptable in principle in this location
  • The effect of the mixed use and hard surface on the character and appearance of the site and surrounding rural area
  • The effect of the mixed use on the living conditions of adjoining occupiers
  • Whether the mixed use and hard surface give rise to unacceptable flood risk
  • The effect of the mixed use on highway safety
  • The effect of the mixed use and hard surface on the setting of the Langford Medieval Village Scheduled Ancient Monument and grade II* listed building Langford Old Hall

What decided it

The proposed parking and storage use is not an agricultural development and does not require a rural location; it conflicts with development plan policies restricting countryside development to uses requiring a rural setting, and causes unacceptable harm to the character and appearance of the rural area and to the living conditions of neighbouring occupiers that cannot be adequately mitigated by conditions.

What the Inspector cited

Development plan policies
CS Spatial Policy 3CS Spatial Policy 7CS Spatial Policy 8CS Core Policy 10CS Core Policy 13CS Core Policy 14DPD Policy DM5DPD Policy DM8DPD Policy DM9
National Planning Policy Framework
Paragraph 11Paragraph 162Paragraph 167

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.

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The decision letter

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More decisions in Newark and Sherwood

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

  1. Quashed On Legal Grounds15 July 20263375307
    Lilac Farm Cottage, Water Lane, Oxton, Southwell, NG25 0SH
  2. Notice upheld20 April 20263363851
    Land at Highfields, Gonalston Lane, Epperstone, Nottingham, NG14 6AZ
  3. Allowed4 December 20253364181
    Land North of Main Road, Kelham, Nottinghamshire, NG23 5QY
  4. Allowed7 November 20253368293
    Flaggs Farm, Caunton Road, Norwell, Nottinghamshire, NG23 6LB
  5. Notice varied and upheld21 August 20253329019
    Hutchinson Engineering Services Limited, Great North Road, Newark on Trent, Nottinghamshire, NG23 6SY

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.

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