®Planning appeal decision
7A Middleton Crescent, Beeston, Nottinghamshire, NG9 2TH
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
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.
Framework references: 14
Plan policies cited: 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 ACS, Policy 17 of the LP Pt 2
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.