®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 and the inability to establish very special circumstances outweighing Green Belt harm meant the harm identified was not clearly outweighed by the benefits, so the appeals were dismissed.
the harm from inappropriateness in the Green Belt, limited harm to openness, and significant adverse weight from unresolved highway safety concerns were weighed against significant weight given to unmet gypsy/traveller need, policy failure, a possible shortfall in five-year site supply, and the appellants' personal circumstances, and were found not to be clearly outweighed, so very special circumstances were not demonstrated
Framework references: 137, 138, 147
Plan policies cited: SP2, SP3, SP11, SP18, SP19, ENV1, ENV15
Judgments cited: Turner v SSCLG & East Dorset Council [2016]; Swale Borough Council v Robb dated 13 May 2021; Lisa Smith v SSLUHC & Ors [2022] EWCA Civ 1391
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.