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Notice upheld20 January 20253314848

Twinkle Toes, Wilne Road, Sawley, Derbyshire, NG10 3AP

Planning appeal 3314848 at Twinkle Toes, Wilne Road, Sawley, Derbyshire, NG10 3AP (Erewash Borough Council) was dismissed on 20 January 2025 by Inspector Willows P, following a hearing. The main issue, as the Inspector framed it: Whether the development is inappropriate in the Green Belt, having regard to the National Planning Policy Framework and any relevant development plan policies.

Without planning permission the unauthorised material change of use of the land from an equestrian use to a mixed use, comprising of the operation of an equestrian enterprise and the siting of a motor home and wooden lodge on the land for residential purposes. The unauthorised storage of domestic items and a boat on the land in connection with the unauthorised residential use of the land

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Willows P
Postcode
NG10 3AP

Main issues, as the Inspector framed them

  • Whether the development is inappropriate in the Green Belt, having regard to the National Planning Policy Framework and any relevant development plan policies.
  • The effect of the development on the openness of the Green Belt and its purposes.
  • The effect of the development on the character and appearance of the Sawley Conservation Area and the wider rural landscape.
  • Whether the development complies with local and national policies relating to flood risk.
  • Whether any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, including any need for the development and the personal circumstances of those living at the site, so as to amount to the very special circumstances required to justify the development.

What decided it

The cumulative harm to the Green Belt, landscape character, the conservation area and flood risk policy was not clearly outweighed by the benefits and personal circumstances put forward, so very special circumstances were not established.

Substantial weight given to Green Belt harm, together with limited harm to character/appearance and the conservation area and clear conflict with flood risk policy, was not clearly outweighed by the significant weight attached to the pony party enterprise's benefits, the minor economic benefit, and the limited weight given to the housing benefit, so the appeal was dismissed.

What the Inspector cited

Development plan policies
Policy GB1Policy 3Policy EV16Policy 10Policy 1Policy DC7
National Planning Policy Framework
Paragraph 153Paragraph 154Paragraph 155Paragraph 143Paragraph 176
Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Beach v SSETR & Runnymede BC [2001] WHC 381 (Admin)

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 Erewash

The authority’s record since 2016 · every decision in 2025

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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.