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Notice varied and upheld15 December 20223280507

Land at A63 - A1 Junction, Selby Road, Monk Fryston, North Yorkshire, LS25 5JE

Planning appeal 3280507 at Land at A63 - A1 Junction, Selby Road, Monk Fryston, North Yorkshire, LS25 5JE (Selby District Council *) was allowed in part (a split decision) on 15 December 2022 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy.

Without planning permission, the material change of use of land from agricultural land to a residential caravan site, including the stationing of caravans for residential use; stationing of portable toilets; the creation/formation of access tracks, roads, footpaths and hardstandings; the stationing of plant machinery to facilitate the residential use; the stationing of vehicles associated with the residential use; the stationing of other items and residential paraphernalia associated with the residential use; and the erection of fencing around plots

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy
  • the effect of the development on the openness of the Green Belt
  • the effect of the development on the character and appearance of the area
  • the effect of the development on highway safety
  • whether the appeal site is in a sustainable location
  • the question of the need for gypsy / traveller sites
  • the question of intentional unauthorised development
  • the personal circumstances of the site occupiers
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The unresolved highway safety concerns over lawful and safe access, combined with the unappraised potential land contamination, meant the harm to the Green Belt and other harm was not clearly outweighed by the considerations in favour, so very special circumstances were not demonstrated.

the substantial harm from Green Belt inappropriateness, limited harm to openness, significant harm from unresolved highway safety issues and moderate harm from intentional unauthorised development were not clearly outweighed by the significant weight given to unmet pitch need, policy failure, the lack of a 5-year supply of deliverable sites, and the appellants' personal circumstances, so very special circumstances were not established and the appeals failed

What the Inspector cited

Development plan policies
Policy SP18Policy SP19Policy ENV1Policy ENV15Policy SP2Policy SP3Policy SP11
National Planning Policy Framework
Paragraph 137Paragraph 138Paragraph 147
Judgments
Turner v SSCLG & East Dorset Council [2016]; Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Swale Borough Council v Robb dated 13 May 2021

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.

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The decision letter

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More decisions in Selby District Council

The authority’s record since 2016 · every decision in 2022

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  2. Notice upheld10 April 20253346667
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  3. Notice upheld30 September 20243339189
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  4. Allowed3 September 20243338845
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  5. Dismissed27 February 20243321128
    Manor Farm, Main Street, Womersley, North Yorkshire, DN6 9AY

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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