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Notice upheld21 November 20243348000

Land on the West Side of Brickyard, Brickyard Drive, Hucknall, Nottingham, NG15 7PG

Planning appeal 3348000 at Land on the West Side of Brickyard, Brickyard Drive, Hucknall, Nottingham, NG15 7PG (Ashfield District Council) was dismissed on 21 November 2024 by Inspector Hartley D, following a hearing. The main issue, as the Inspector framed it: the effect of the breach of planning control on the character, appearance and biodiversity of the area.

without planning permission, unauthorised change of use of land to a mixed use including the siting of a mobile home/caravan for residential use and commercial storage use (including the parking of commercial vehicles, plant and machinery), the laying of hardcore and erection of a front boundary wall and gates to facilitate the use

Authority
Ashfield District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Hartley D
Postcode
NG15 7PG

Main issues, as the Inspector framed them

  • the effect of the breach of planning control on the character, appearance and biodiversity of the area
  • the effect of the commercial use on the living conditions of the occupiers of neighbouring residential properties in respect of noise and disturbance
  • the effect of the boundary wall and gates on highway safety
  • if any planning harm has been caused by the breach of planning control, whether this is outweighed by other considerations so as to justify granting planning permission

What decided it

The very significant harm to the character and appearance of the area, compounded by the inability to demonstrate biodiversity net gain, outweighed the personal circumstances of the family and Gypsy/Traveller pitch supply considerations.

The very significant harm to character and appearance and the failure to demonstrate biodiversity net gain outweighed the personal circumstances of the family, the best interests of the children, and the uncertainty over Gypsy/Traveller pitch supply, so that neither permanent nor temporary planning permission was justified.

What the Inspector cited

Development plan policies
Policy HG9Policy ST1
National Planning Policy Framework
Paragraph 180Paragraph 135Paragraph 115

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 Ashfield

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

  1. Quashed On Legal Grounds25 August 20263371810
    46 Mapplewells Road, Sutton-in-Ashfield, NG17 1HW
  2. Allowed25 August 20266011598
    1A Ellis Street, Kirkby In Ashfield, NG17 7AL
  3. Notice varied and upheld23 April 20263355558
    Whiteborough Farm Chesterfield Road, Huthwaite, Sutton-in-Ashfield, NG17 2QJ
  4. Allowed20 October 20253366825
    4 Hollinwell Close, Kirkby-In-Ashfield, Nottinghamshire, NG17 8NE
  5. Dismissed12 March 20253355986
    H2O, 76-78 High Street, Hucknall, Nottinghamshire, NG15 7AX

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.