Planning appeal decision
Pennell And Sons Ltd, Newark Road, South Hykeham, LN6 9NH
Planning appeal 3351663 at Pennell And Sons Ltd, Newark Road, South Hykeham, LN6 9NH (North Kesteven District Council) was dismissed on 19 March 2025 by Inspector Veevers A, following a hearing. The main issue, as the Inspector framed it: 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.
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
- Postcode
- LN6 9NH
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.
What the Inspector cited
- Development plan policies
- Policy S1Policy S35
- National Planning Policy Framework
- Paragraph 90Paragraph 91Paragraph 95Paragraph 85Paragraph 11
- Judgments
- Tesco Stores Ltd vs Dundee City Council [2012] UKSC 13
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
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With an account
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More decisions in North Kesteven
The authority’s record since 2016 · every decision in 2025
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- Allowed13 May 2026600570020 Market Place, Sleaford, Lincolnshire, NG34 7SR
- Allowed13 May 2026337544920 Market Place, Sleaford, Lincolnshire, NG34 7SR
- Notice upheld27 March 20263374194Red Lion, High Street, Wellingore, Lincoln, LN5 0HW
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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