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Planning appeal decision

Dismissed11 June 20213268767

Dunelm, Newby, Middlesbrough, TS8 0AQ

Planning appeal 3268767 at Dunelm, Newby, Middlesbrough, TS8 0AQ (Hambleton District Council *) was dismissed on 11 June 2021 by Inspector Nilsson A, by written representations. The main issue, as the Inspector framed it: Whether the condition restricting the use to a temporary period until 22 January 2022 is necessary having regard to the location of the appeal site and the requirement to promote sustainable development and minimise the need to travel.

Change of use of ancillary room to a clinic room for home therapy business

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Nilsson A
Postcode
TS8 0AQ

Main issues, as the Inspector framed them

  • Whether the condition restricting the use to a temporary period until 22 January 2022 is necessary having regard to the location of the appeal site and the requirement to promote sustainable development and minimise the need to travel

What decided it

The location of the development outside the settlement hierarchy in an isolated village with poor non-car accessibility would result in unsustainable development contrary to Policies CP2 and CP4, and the temporary condition is necessary and justified by the Covid-19 pandemic circumstances.

The economic benefits of the scheme attract moderate weight, but the significant weight given to the conflict with sustainable location policies and the requirement to minimise travel by private car outweighs these benefits, justifying retention of the temporary condition.

What the Inspector cited

Development plan policies
Policy CP4Policy CP2Policy DP1Policy DP28Policy DP18
National Planning Policy Framework
Paragraph 55
Judgments
Cadogen V SSE (1992); Finney v Welsh Ministers (2020)

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.