Land Known As Building South West of Walnut Cottage, Newark Road, Kilvington, Nottingham, NG13 9PD

Main issues, as the Inspector framed them

• Appeal A ground (c): whether the matters stated in the enforcement notice constitute a breach of planning control
• Appeal A ground (a): whether planning permission ought to be granted for the erection of a building, having regard to sustainable siting in accordance with the Council's adopted spatial strategy and the effect on character and appearance
• Appeal A ground (f): whether the steps required by the notice exceed what is necessary to remedy the breach
• Appeal A ground (g): whether the period specified in the notice falls short of what should reasonably be allowed
• Appeal B: whether the building is sustainably sited in accordance with the Council's adopted spatial strategy including having regard to the effect on character and appearance
• Appeal C: whether the site provides a suitable location for holiday accommodation and the effect on character and appearance

What decided it

Appeal A: the building does not comply with the approved plans and has been used for non-agricultural storage purposes, constituting an unlawful breach with no justification for its open countryside location. Appeal B: the proposal meets the locational justification test under Policy DM8 with a demonstrated need for mushroom production and minimal landscape impact. Appeal C: the absence of locational justification for holiday accommodation in a remote location and the resulting harm to rural character outweigh the economic benefits.

Appeal A: no balancing exercise; the proposal conflicts with the development plan and is refused. Appeal B: no balancing exercise required; the proposal accords with the development plan. Appeal C: the economic benefits of holiday accommodation are outweighed by the harm to rural character and the unsustainable location resulting in increased private vehicle use.