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Planning appeal decision

Dismissed23 April 20243331066

Land south of Tibshelf Road, Fackley, NG17 3JD

outline planning permission for 9 dwellings

Authority
Ashfield District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Townend K

Main issues, as the Inspector framed them

  • whether the site is an appropriate location for the proposed housing, having regard to the development strategy for the area and the character and openness of the area
  • whether the site is an appropriate location for the proposed housing, having regard to the accessibility of services and facilities

What decided it

The significant and demonstrable harm to the character and openness of the countryside and the lack of sustainable accessibility to services and facilities, when weighed against the limited housing benefits of nine dwellings, outweighed the presumption in favour of development under paragraph 11d) of the Framework.

The significant harms to character, openness and sustainability of location significantly and demonstrably outweighed the limited benefits from housing supply and economic benefits, such that the presumption in favour of development did not apply.

Framework references: 11, 14, 60, 83, 109, 114, 225

Plan policies cited: Policy ST1, Policy ST4, Policy EV1, Policy EV2, Policy NP1, Policy NP2

Judgments cited: R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC 3; Gladman Developments Limited v Secretary of State for Housing, Communities and Local Government and Corby Borough Council and Uttlesford District Council [2021] EWCA Civ 104

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.