Herb Cottage Main Street, Holtby, York, YO19 5UD

Planning appeal 3266798 at Herb Cottage Main Street, Holtby, York, YO19 5UD (City of York Council) was dismissed on 5 July 2021 by Inspector Savage K, by written representations. The main issue, as the Inspector framed it: Whether the relevant planning permission has been lawfully implemented and whether permitted development rights exist in principle.

To add an additional storey to the existing single storey dwelling on the existing footprint. The materials will match the existing dwelling - clay pantile tiles to the roof, reclaimed clamp brick walls, white uPVC triple glazed windows, black uPVC gutters/downpipes. The roof will be the same pitch as the existing roof

Authority: City of York Council
Appeal type: householder · Householder (HAS)
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Savage K
Postcode: YO19 5UD

Main issues, as the Inspector framed them

Whether the relevant planning permission has been lawfully implemented and whether permitted development rights exist in principle
Whether the permitted development right under Class AA has been withdrawn by condition
Whether prior approval should be given, having particular regard to the resulting external appearance of the dwellinghouse

What decided it

The external appearance of the enlarged dwellinghouse would harm the character and appearance of the area by creating an exposed, conspicuous and architecturally discordant building that would contrast starkly with the low-profile character of the existing dwelling and its surroundings.

What the Inspector cited

Judgments: FG Whitley & Sons v Secretary of State for Wales (1992) 64 P&CR 296; R (on the application of Hart Aggregates Ltd) v Hartlepool BC [2005] EWHC 840 (Admin)

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.