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Dismissed13 August 20213269109

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

Planning appeal 3269109 at Wharfe Valley Farm, Mill Lane, Kearby, Wetherby, LS22 4BU (Harrogate Borough Council *) was dismissed on 13 August 2021 by Inspector Hunter J, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would constitute permitted development under Class A of Part 6 of Schedule 2 of the GPDO.

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
Postcode
LS22 4BU

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.

What the Inspector cited

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

See how each was applied

The decision letter

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More decisions in Harrogate Borough Council

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

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  5. Allowed21 February 20233309645
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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.