®Planning appeal decision
The Land Situate and Known As Land Comprising Field 431432/447440 , Swindon Lane, Kirby Overblow, North Yorkshire, HG3 1HS
Planning appeal 3267595 at The Land Situate and Known As Land Comprising Field 431432/447440 , Swindon Lane, Kirby Overblow, North Yorkshire, HG3 1HS (Harrogate Borough Council *) was dismissed on 1 June 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice had occurred as a matter of fact (ground b).
the material change of use of the land to the use of the land for equestrian purposes
- Authority
- Harrogate Borough Council *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Change of use
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Whether the breach of planning control alleged in the enforcement notice had occurred as a matter of fact (ground b)
- Whether the matter alleged constitutes a breach of planning control (ground c)
- Whether the steps required by the notice exceed what is necessary to achieve its purpose (ground f)
What decided it
The appellant's own evidence in a prior planning application that horses were reared as trotting animals for recreational purposes, combined with the site infrastructure and supplementary feeding regime, established that the primary use was equestrian leisure rather than agricultural grazing.
What the Inspector cited
- Judgments
- Belmont Farm Ltd v MHLG [1962] 13 P&CR 417; Sykes v SSE and South Oxfordshire District Council v SSE [1981] 42 P.&C.R. 19; Murfitt v SSE & East Cambridgeshire CC [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.