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Planning appeal decision

Dismissed23 April 20243331066

Land South of Tibshelf Road, Fackley, NG17 3JD

Planning appeal 3331066 at Land South of Tibshelf Road, Fackley, NG17 3JD (Ashfield District Council) was dismissed on 23 April 2024 by Inspector Townend K, by written representations. The main issue, as the Inspector framed it: 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.

outline planning permission for 9 dwellings

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Townend K
Postcode
NG17 3JD

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.

What the Inspector cited

Development plan policies
Policy ST1Policy ST4Policy EV1Policy EV2Policy NP1Policy NP2
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 60Paragraph 83Paragraph 109Paragraph 114Paragraph 225
Judgments
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

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.

See how each was applied

The decision letter

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More decisions in Ashfield

The authority’s record since 2016 · every decision in 2024

  1. Dismissed15 October 20266013738
    61 High Street, Hucknall, NG15 7AW
  2. Dismissed8 September 20266008160
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  3. Dismissed7 September 20266011373
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  4. Quashed On Legal Grounds25 August 20263371810
    46 Mapplewells Road, Sutton-in-Ashfield, NG17 1HW
  5. Allowed25 August 20266011598
    1A Ellis Street, Kirkby In Ashfield, NG17 7AL

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.