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Planning appeal decision

Dismissed25 November 20213275050

7 Byram Park Avenue, Byram, Knottingley, WF11 9EH

Planning appeal 3275050 at 7 Byram Park Avenue, Byram, Knottingley, WF11 9EH (Selby District Council *) was dismissed on 25 November 2021 by Inspector Coyne C, by written representations. The main issue, as the Inspector framed it: whether elements of the proposal would be permitted development under Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO).

described on the application from as ‘retrospective change of use of land to domestic garden and driveway and erection of new boundary fence

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
other · Change of use
Inspector
Coyne C
Postcode
WF11 9EH

Main issues, as the Inspector framed them

  • whether elements of the proposal would be permitted development under Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO)
  • whether the proposal would represent inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant Development Plan policies
  • if the proposed development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the proposal

What decided it

The proposal fails to preserve the openness of the Green Belt and constitutes inappropriate development for which no very special circumstances exist to justify it, compounded by substantial biodiversity harm.

The substantial harm to the Green Belt and other harm to biodiversity are not clearly outweighed by the limited weight afforded to other considerations such as community benefit.

What the Inspector cited

Development plan policies
Policy SP2Policy SP3
National Planning Policy Framework
Paragraph 137Paragraph 147Paragraph 148Paragraph 149Paragraph 150Paragraph 174Paragraph 180

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

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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.