Land off Enfield Court, Harby, NG23 7EQ
Newark & Sherwood District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 27 October 2022
- Authority
- Newark & Sherwood District Council
- Inspector
- Ford K
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Minor Dwellings
- Appellant
- Mr Chris Medley
- LPA reference
- 22/00558/OUT
- ONS LPA code
- E07000175
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 15 August 2022
Summary AI
The appeal was dismissed due to the site's location in the open countryside and the potential harm to the character and appearance of the area.
PDF text
Land off Enfield Court, Harby, NG23 7EQ — Newark & Sherwood District Council — Appeal Decision Site visit made on 20 September 2022 by K Ford MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 27 October 2022 Appeal Ref: APP/B3030/W/22/3301331 Land off Enfield Court, Harby, NG23 7EQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr C Medley against the decision of Newark & Sherwood District Council. • The outline application Ref 22/00558/OUT, dated 14 March 2022, was refused by notice dated 28 April 2022. • The development proposed is residential development to erect 4 no dwelling houses with all matters reserved except access. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have used the description of development that appears on the Council’s decision notice and appeal form as it comprehensively describes the development proposed. Similarly, I have used the same sources for the site address as they are more precise than that which appears on the planning application form. Main Issues 3. The main issues are: • Whether the site is an appropriate location for the development proposed having regard to the built extent of Harby.
Land off Enfield Court, Harby, NG23 7EQ — Newark & Sherwood District Council — Appeal Decision • The effect on the character and appearance of the area. Reasons Location 4. The appeal site is an open field fronting onto Station Road and located off Enfield Court in the north part of the village on the western edge. It adjoins a larger agricultural field that links to the wider countryside. The fence demarking the site boundary does not detract from this. The site has an open rural character because of the links to the wider countryside which are visible from Station Road and because the surrounding ribbon built development has a lower density open rural character compared to elsewhere in the village. https://www.gov.uk/planning-inspectorate
Land off Enfield Court, Harby, NG23 7EQ — Newark & Sherwood District Council — Appeal Decision • The effect on the character and appearance of the area. Reasons Location 4. The appeal site is an open field fronting onto Station Road and located off Enfield Court in the north part of the village on the western edge. It adjoins a larger agricultural field that links to the wider countryside. The fence demarking the site boundary does not detract from this. The site has an open rural character because of the links to the wider countryside which are visible from Station Road and because the surrounding ribbon built development has a lower density open rural character compared to elsewhere in the village. https://www.gov.uk/planning-inspectorate
Land off Enfield Court, Harby, NG23 7EQ — Newark & Sherwood District Council — Appeal Decision Appeal Decision APP/B3030/W/22/3301331 5. Spatial Policy 3 of the Newark and Sherwood Amended Core Strategy 2019 (Core Strategy) and Policy DM8 of the adopted Allocations and Development Management DPD 2013 amongst other things focuses new housing in sustainable, accessible villages and sets out a criteria against which proposals for new development will be considered. Categorised as an ‘other village’, Harby does not have a defined village envelope. Judgement is therefore required regarding whether the site is located within the built extent or beyond. 6. The appellant argues that the site was not in active agricultural production. Nevertheless, the appeal site has an open character with clear connections to the open countryside on the western edge of the village. I do not therefore consider the site to be part of the built extent of the village irrespective of the surrounding built development and the distance of the site from the centre of the village.
Land off Enfield Court, Harby, NG23 7EQ — Newark & Sherwood District Council — Appeal Decision As such the proposal would conflict with Policy SP3 and DM8 as identified above which amongst other things seek to control the location and direction of growth and control development in the open countryside to ensure that development is suitable for its setting and surroundings. Character and Appearance 7. Even if the proposal would replicate the ribbon style development on Station Road the scheme would lead to development where currently there is none. It would significantly narrow the gap in built development on Station Road reducing views of the countryside and would lead to a harmful loss of open rural character that currently exists in that part of the village. The development would be a harmful encroachment of built development into the countryside. 8. Regardless of the absence of a Neighbourhood Plan identifying the site as having local significance or protection, the proposal would harm the character and appearance of the area.
Land off Enfield Court, Harby, NG23 7EQ — Newark & Sherwood District Council — Appeal Decision It would therefore conflict with the parts of Core Policy 9 and Core Policy 13 of the Core Strategy which requires new development to demonstrate a high standard of sustainable design that protects and enhances the natural environment and contributes and sustains the rich local distinctiveness of the district and ensures landscapes are protected and enhanced. Other Matters 9. The appellant has referred to other developments granted planning permission in support of their case. However, I do not know the circumstances within which all the sites were granted planning permission. Each case is determined on its own merits, including the particular circumstances of the case and the location of the proposed development and its surroundings. As the variables differ to the case before me the schemes identified are not directly comparable and this limits the weight I give them as a consequence. Conclusion 10. For the reasons identified, I conclude that the appeal should be dismissed.
Land off Enfield Court, Harby, NG23 7EQ — Newark & Sherwood District Council — K Ford INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Green belt Against appellant ¶5
The appeal site is not part of the built extent of the village, but rather an open field with connections to the open countryside.
Character and appearance Against appellant ¶7
The development would lead to a harmful loss of open rural character and would significantly narrow the gap in built development on Station Road.
Other Against appellant ¶8
The proposal would harm the character and appearance of the area, despite no Neighbourhood Plan identifying the site as having local significance or protection.
Policies relied on
| Reference | Weight |
|---|---|
| Policy SP3 and DM8 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 27 October 2022 under the Open Government Licence.