®Planning appeal decision
Downside Workshop and Store, Great North Road, Bathley, Newark, NG23 6HP
Planning appeal 3346396 at Downside Workshop and Store, Great North Road, Bathley, Newark, NG23 6HP (Newark & Sherwood District Council) was allowed in part (a split decision) on 18 June 2025 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether or not the site provides a suitable location for a storage facility with particular regard to the effect of the development on the character and appearance of the locality.
Material change of use of land to B8 storage with the associated siting of storage containers
- Authority
- Newark & Sherwood District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Change of use
- Inspector
- Hitchcock R
- Postcode
- NG23 6HP
Main issues, as the Inspector framed them
- Whether or not the site provides a suitable location for a storage facility with particular regard to the effect of the development on the character and appearance of the locality
- Whether or not the site provides a suitable location for a storage facility with particular regard to the effect of the development on flood risk
- Whether or not the site provides a suitable location for a storage facility with particular regard to the effect of the development on the Council's spatial strategy for the distribution of economic development
What decided it
The totality of harm arising from flood risk, effect on character and appearance, and conflict with the Council's spatial strategy for sustainable development outweighed any benefits of the storage use.
The reduced traffic movements and potential restriction on unsociable hours use did not outweigh the harm from flood risk, character and appearance impact, and conflict with spatial strategy
What the Inspector cited
- Development plan policies
- Core Policy 9Core Policy 10Core Policy 13Core Policy 6Spatial Policy 3Policy DM5Policy DM8
- Judgments
- Cardiff Rating Authority v Guest Keen [1949]; Measor v SSE etc and Tunbridge Wells BC [1998]; Elitestone Limited v Morris [1997]; Massingham v SSE [2002]; Skerritts of Nottingham Ltd v SSETR (& Harrow LBC (No. 2) [2000] EWCA Civ 5569; [2000] JPL 1025; Wood v SSCLG & the Broads Authority [2015] EWHC 2369 (Admin); University of Leicester v SSCLG & Oadby & Wigston BC [2016] EWHC 476 (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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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- Notice varied and upheld9 May 2025334861446 Robin Hood Road, Blidworth, NG21 0ST
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.