®Planning appeal decision
Land at A63 - A1 junction, Selby Road, Monk Fryston, North Yorkshire, LS25 5JE
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
- Authority
- Selby District Council *
- 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
Framework references: 137, 138, 147
Plan policies cited: Policy SP18, Policy SP19, Policy ENV1, Policy ENV15, Policy SP2, Policy SP3, Policy SP11
Judgments cited: 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
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.