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Planning appeal decision

Notice varied and upheld11 December 20243340763

The Nook Marsh Lane, North Muskham, Newark, NG23 6HG

Planning appeal 3340763 at The Nook Marsh Lane, North Muskham, Newark, NG23 6HG (Newark & Sherwood District Council) was allowed in part (a split decision) on 11 December 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: The effect of the breach of planning control on the character and appearance of the area.

without planning permission, operational development consisting of the altering of land levels and the construction of associated works including a gabion wall, brick walls and wooden sleeper wall, as shown on images 1, 2 and 3

Authority
Newark & Sherwood District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Hartley D
Postcode
NG23 6HG

Main issues, as the Inspector framed them

  • The effect of the breach of planning control on the character and appearance of the area
  • The effect of the breach of planning control on the setting of St Wilfred's Church which is Grade I listed
  • The effect of the breach of planning control on highway safety

What decided it

The significant harm caused to the character and appearance of the area and less than substantial harm to the setting of the Grade I listed Church of St Wilfred, which collectively outweigh the appellant's concerns about protecting the property from flood damage.

What the Inspector cited

Development plan policies
Core Policy 9Core Policy 13Core Policy 14Policy DM5Policy DM9Spatial Policy 7
National Planning Policy Framework
Paragraph 208Paragraph 115Paragraph 12Paragraph 16

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

  1. Quashed On Legal Grounds15 July 20263375307
    Lilac Farm Cottage, Water Lane, Oxton, Southwell, NG25 0SH
  2. Notice varied and upheld21 August 20253329019
    Hutchinson Engineering Services Limited, Great North Road, Newark on Trent, Nottinghamshire, NG23 6SY
  3. Notice varied and upheld18 June 20253346396
    Downside Workshop and Store, Great North Road, Bathley, Newark, NG23 6HP
  4. Notice varied and upheld12 June 20253332281
    The Grain Store, Far Barn Farm,, Meadow Agriculture Ltd, Priory Road, Thurgarton, NG14 7GT, Nottingham, Nottinghamshire, NG14 7GT
  5. Planning permission granted29 May 20253332032
    B & Q Plc, Unit A, Maltings Retail Park North Gate, Newark, NG24 1GJ

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.