Pennell And Sons Ltd, Newark Road, South Hykeham, LN6 9NH

erection of 8 modular buildings for Use Class E (a) uses – display or retail sale of goods

Authority: North Kesteven District Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: retail · Minor offices/R&D/light industry
Inspector: Veevers A

Main issues, as the Inspector framed them

The main issue is whether the site is an appropriate location for the proposed development having regard to local and national planning policies, with particular regard to the sequential test for retail and other town centre uses.

What decided it

The appellant failed to demonstrate through the sequential test that no suitable and available sequentially preferable sites existed for the proposed main town centre use.

The economic and social benefits of the proposal did not outweigh the significant weight attributed to its conflict with the development plan arising from failure to satisfy the sequential test.

Framework references: 90, 91, 95, 85, 11

Plan policies cited: Policy S1, Policy S35

Judgments cited: Tesco Stores Ltd vs Dundee City Council [2012] UKSC 13

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

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