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Planning appeal decision

Split Decision10 January 20233272453

The land at Silpho Brow Farm West, Silpho, SCARBOROUGH, YO13 0JP

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

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

Framework references: 176

Plan policies cited: Strategic Policy A, Strategic Policy C, Strategic Policy E, Strategic Policy G, Policy B1, Policy B11, Policy BL11, Policy SPA, Policy SPC, Policy SPE, Policy SPG, Policy BL1

Judgments cited: Belmont Farm v MHLG [1962] 13 P&CR 134

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.