Planning appeal decision
Fernhill Hoveringham Road, Caythorpe, NOTTINGHAM, NG14 7EE
Erection of a car port
- Authority
- Newark & Sherwood District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Harbottle M
Main issues, as the Inspector framed them
- Whether the alleged material change of use of the appeal land from agricultural to residential use had occurred
- Whether the pole-mounted security cameras are inappropriate development in the Green Belt
- The effect on the openness and purposes of including land in the GB
- The effect on landscape character
- The effect on the living conditions of nearby residential occupiers regarding privacy
- The effects on security and the wellbeing of the appellants
- Whether the outbuilding (gymnasium) is inappropriate development in the GB
- The risk of flooding and effect on flood risk elsewhere
- The effects on the wellbeing of the appellants
- If any aspect is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
Whether the appellants could demonstrate very special circumstances clearly outweighing the definitional harm to Green Belt openness (via security/wellbeing benefits or a genuine GPDO fallback) determined which structures were permitted and which enforcement notices were upheld.
For the cameras and gymnasium, substantial security/wellbeing benefits and a credible GPDO fallback clearly outweighed minor identified Green Belt and landscape harm, amounting to very special circumstances; for the swimming pool/platform, car port, sheds and reconfigured patio, only limited or moderate wellbeing benefits were found, which did not clearly outweigh substantial Green Belt harm, landscape harm and unresolved localised flood risk, so very special circumstances were not made out.
Framework references: 154, 155, 173
Plan policies cited: Spatial Policy 4B, Core Policy 13, Core Policy 10, Core Policy 9, policy DM5, policy DM6
Judgments cited: Westminster CC v SSE & Aboro [1983] JPL 602; Ferris v SSE [1998] JPL 777; Warwick DC v SSLUHC, Mr J Storer & Mrs A Lowe [2022] EWHC 2145 (Admin); Schneck v SSHCLG & West Berkshire DC [2022] EWHC 3335 (Admin)
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.
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