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Planning appeal decision

Dismissed13 August 20213269109

Wharfe Valley Farm, Mill Lane, Kearby, WETHERBY, LS22 4BU

erection of agricultural storage building

Authority
Harrogate Borough Council *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
agricultural · Minor general industry/storage/warehousing
Inspector
Hunter J

Main issues, as the Inspector framed them

  • Whether the proposed development would constitute permitted development under Class A of Part 6 of Schedule 2 of the GPDO
  • If permitted development, whether the siting and design of the proposal would be acceptable

What decided it

The appellant failed to provide sufficient evidence to demonstrate that the proposed agricultural building would be reasonably necessary for the purposes of agriculture as a trade or business, which is a mandatory requirement for permitted development under Class A of Part 6 of the GPDO.

Judgments cited: New World Payphones Ltd v Westminster City Council [2019] EWCA Civ 2250; R (Smolas) v Herefordshire Council [2021] EWHC 1663 (Admin)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.