- Decision
- dismissed, 29 September 2026
- Decided by
- Planning Inspector: Laura Bartle
- Authority
- South Kesteven (East Midlands)
- Appeal reference
- 6008915
- Application reference
- S25/1045
- Procedure
- written representations
- Development
- Use of land for siting 50 shipping containers for self-storage, next to an equestrian business
- Site context
- open countryside
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S5(1)(b)
- Development plan policies
- South Kesteven Local Plan SP5, E7, DE1, Claypole Neighbourhood Plan Policies 2, 6
- Main issues
- principle of development in the countryside; character and appearance
Summary
Fifty self-storage containers on open land next to an equestrian business outside Claypole. The inspector accepted this was rural diversification (moderate weight), but convenience to the landowner did not show that a countryside location was necessary under S5(1)(b). The containers would also cause moderate harm to rural character. Dismissed on the development plan, with no S5(4) balance.
Issues and findings
- Transition. "References to the Framework in my decision are to the August 2026 version" (DL ¶2).
- S5(1)(b): FAIL. "convenience and commercial advantage do not in themselves demonstrate necessity" (DL ¶8). "the evidence before me does not demonstrate that the self-storage use is functionally dependent upon that business or that it requires a countryside location in order to operate effectively" (DL ¶8).
- Curtilage. "the Framework makes clear that it should not be assumed that the whole curtilage of developed land should be developed" (DL ¶9).
- Character: moderate harm. "the proposal would introduce a utilitarian form of development which would appear incongruous within its countryside setting" (DL ¶16).
Planning balance
Plan-led only: conflict with SP5, CNP Policy 2 and DE1, and "no material considerations, including Policy S5 of the Framework, that indicate the decision should be made other than in accordance with the development plan" (DL ¶18). The S5(4) exceptional-circumstances test for development in no S5(1) category was not expressly run; the result would plainly be the same.
What made the difference
No evidence of functional need for a countryside location. A self-storage use has no intrinsic link to the land.
Transferable points
- The S5(1)(b) requirement that a countryside location be shown to be necessary is not met by convenience or commercial advantage to an existing rural business; the applicant must show why the use could not go in or next to a settlement or on employment land (DL ¶8, ¶11).
- Hedge screening does not answer character harm: "the effect of the proposal is not solely a matter of visibility" (DL ¶15).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| S5(1)(b) | fail | convenience and commercial advantage of co-location with the equestrian business do not show a location outside a settlement is necessary; no evidence the use could not go in or next to a settlement or on employment land (DL 6-11) | |
| E4 | benefit | moderate | mapped: diversification of a land-based rural business, moderate weight (DL 5, 10) |
| AnnexB:PDL | not-engaged | open land with no buildings; even if within a wider curtilage, the Framework says the whole curtilage should not be assumed developable (DL 9) | |
| DP3(1) | harm | mapped: moderate harm - utilitarian, incongruous container rows erode rural character despite screening; conflict with local DE1; DP3 not named (DL 12-17) |
Key facts
- 50 containers in rows; hedges screen them and the Neighbourhood Plan view is not affected (DL 13-14)
- No S5(4) exceptional-circumstances balance run; conclusion plan-led, "no material considerations, including Policy S5 of the Framework" (DL 18)
- Parties invited to comment on the August 2026 Framework (DL 2)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.