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Notice varied and upheld20 April 20263346391

7A Middleton Crescent, Beeston, Nottinghamshire, NG9 2TH

Planning appeal 3346391 at 7A Middleton Crescent, Beeston, Nottinghamshire, NG9 2TH (Broxtowe Borough Council) was allowed in part (a split decision) on 20 April 2026 by Inspector Preston C, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged constitute a breach of planning control (Ground c).

Without planning permission, the construction of a gabion wall with the green bank above ("the Bank"), adjacent to the Tottle Brook , in the approximate position shown in blue on the attached plan

Authority
Broxtowe Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Preston C
Postcode
NG9 2TH

Main issues, as the Inspector framed them

  • Whether the matters alleged constitute a breach of planning control (Ground c)
  • The effect on the character and appearance of the area
  • The effect on living conditions of neighbouring occupiers
  • The effect on flood risk
  • The effect on wildlife along the corridor of Tottle Brook
  • The weight that should be applied to any fall-back position
  • Whether the steps required by the notice exceed what is necessary to remedy the breach or injury to amenity (Ground f)
  • Whether the time periods for compliance are reasonable (Ground g)

What decided it

The bank has been constructed in breach of planning control, significantly closer to the brook than approved, causing material harm to character and appearance, neighbouring amenity, flood risk, and wildlife, which cannot be adequately mitigated and outweighs any fall-back position.

What the Inspector cited

Development plan policies
Policy 17 of the Broxtowe Part 2 Local Plan (2019)Policy 10 of the Aligned Core Strategies Part 1 Local Plan (2014)Policy 17 of the ACSPolicy 17 of the LP Pt 2
National Planning Policy Framework
Paragraph 14

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 Broxtowe

The authority’s record since 2016 · every decision in 2026

  1. Notice upheld28 November 20253367400
    53 Main Street, Kimberley, Nottingham, NG16 2NG
  2. Notice upheld28 November 20253366511
    Park View Cottage Main Street, Strelley, Nottingham, Nottinghamshire, NG8 6PE
  3. Planning permission granted23 June 20253341021
    19 Dorchester Road, Kimberley, Nottinghamshire, NG16 2TN
  4. Notice varied and upheld8 November 20243309558
    The Land Known As Land Adjacent 313 Nottingham Road, Toton, Nottingham, NG9 6EG
  5. Invalid24 January 20223277846
    140 Queens Road, Beeston, Nottingham, NG9 2FF

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.

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