Land east of New Walk, Driffield, YO25 5LE

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

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.

Framework references: 56, 110

Plan policies cited: Policy C1, Policy DRF-E

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