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Split Decision10 January 20233272453

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

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 applied

The decision letter

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3 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in North York Moors

The authority’s record since 2016 · every decision in 2023

  1. Dismissed19 January 20263373271
    Victoria Hotel, Station Road, Robin Hoods Bay, Whitby, YO22 4RL
  2. Dismissed4 April 20253353299
    Beak Hill Farm, Chop Gate, Middlesbrough, TS9 7JJ
  3. Allowed26 March 20253354531
    Whin Covert, Riggs Head, Scarborough, North Yorkshire, YO12 5TG
  4. Dismissed26 November 20243342174
    Land to North of Ghyll Brow & Thorn Hill View, Glaisdale, Whitby, North Yorkshire, YO21 2AX
  5. Notice upheld27 September 20243342267
    29 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.

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.