Land East of New Walk, Driffield, YO25 5LE

Planning appeal 3263805 at Land East of New Walk, Driffield, YO25 5LE (East Riding of Yorkshire Council) was allowed on 15 November 2021 by Inspector Cullen F, by written representations. The main issue, as the Inspector framed it: Whether condition 3 meets the tests for planning conditions as set out in the Framework and the Guidance, having regard to railway safety.

erection of 110 dwellings with associated works without complying with a condition attached to planning permission Ref:18/02308/STPLF, dated 14 June 2019

Authority: East Riding of Yorkshire Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: residential · Major dwellings
Inspector: Cullen F
Postcode: YO25 5LE

Main issues, as the Inspector framed them

Whether condition 3 meets the tests for planning conditions as set out in the Framework and the Guidance, having regard to railway safety

What decided it

Condition 3 fails to meet the tests for planning conditions in the Framework and Guidance because it requires works on land not controlled by the appellant, is imprecise as to what mitigation is required, and unreasonably imposes mitigation for cumulative effects beyond those solely attributable to the appeal development.

What the Inspector cited

Development plan policies: Policy C1Policy DRF-E
National Planning Policy Framework: Paragraph 56Paragraph 110

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.

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The decision letter

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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.