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Quashed On Legal Grounds30 August 20243334291

Fernhill Hoveringham Road, Caythorpe, Nottingham, NG14 7EE

Planning appeal 3334291 at Fernhill Hoveringham Road, Caythorpe, Nottingham, NG14 7EE (Newark & Sherwood District Council) was decided (quashed on legal grounds) on 30 August 2024 by Inspector Harbottle M, following a hearing. The main issue, as the Inspector framed it: Whether the alleged material change of use of the appeal land from agricultural to residential use had occurred.

Erection of a car port

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Harbottle M
Postcode
NG14 7EE

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.

What the Inspector cited

Development plan policies
Spatial Policy 4BCore Policy 13Core Policy 10Core Policy 9policy DM5policy DM6
National Planning Policy Framework
Paragraph 154Paragraph 155Paragraph 173
Judgments
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)

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 Newark and Sherwood

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

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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.