Planning appeal decision
The Land at Silpho Brow Farm West, Silpho, Scarborough, YO13 0JP
Planning appeal 3272453 at The Land at Silpho Brow Farm West, Silpho, Scarborough, YO13 0JP (North York Moors) was allowed in part (a split decision) on 10 January 2023 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: whether the developments will conserve or enhance the landscape and scenic beauty of the North York Moors National Park.
1. Change of use of agricultural buildings for the purposes of stabling horses and commercial storage in connection with the use of the site as a Horse Rescue and Horse Rehoming Charity. 2. Retention of touring caravan for workers rest room and retention of portacabin for use as workers accommodation. 3 Siting of replacement summerhouse. 4 Gravel surfacing of field entrance to assist with drainage
- Authority
- North York Moors
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- agricultural · Change of use
- Inspector
- Whitfield J
- Postcode
- YO13 0JP
Main issues, as the Inspector framed them
- whether the developments will conserve or enhance the landscape and scenic beauty of the North York Moors National Park
- the effect of the development on the living conditions of neighbouring residents with particular regard to noise and disturbance
What decided it
The harm to the landscape and scenic beauty of the North York Moors National Park arising from outdoor/barn storage, the mobile home and portacabin, poaching of the fields and the drainage works was the prevailing consideration that led to dismissal of the main enforcement and change of use elements.
the harm to the landscape and scenic beauty of the National Park was found to be the prevailing consideration, outweighing the absence of harm to neighbours' living conditions, resulting in conflict with the development plan as a whole and dismissal of the main development, while the separable summerhouse and toilet block were allowed as they caused no such harm
What the Inspector cited
- Development plan policies
- Strategic Policy AStrategic Policy CStrategic Policy EStrategic Policy GPolicy B1Policy B11Policy BL11Policy SPAPolicy SPCPolicy SPEPolicy SPGPolicy BL1
- National Planning Policy Framework
- Paragraph 176
- Judgments
- Belmont Farm v MHLG [1962] 13 P&CR 134
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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More decisions in North York Moors
The authority’s record since 2016 · every decision in 2023
- Dismissed19 January 20263373271Victoria Hotel, Station Road, Robin Hoods Bay, Whitby, YO22 4RL
- Dismissed4 April 20253353299Beak Hill Farm, Chop Gate, Middlesbrough, TS9 7JJ
- Allowed26 March 20253354531Whin Covert, Riggs Head, Scarborough, North Yorkshire, YO12 5TG
- Dismissed26 November 20243342174Land to North of Ghyll Brow & Thorn Hill View, Glaisdale, Whitby, North Yorkshire, YO21 2AX
- Notice upheld27 September 2024334226729 Brook Lane, Ainthorpe, Whitby, YO21 2LB
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.
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