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

Planning appeal 3280531 at Land at A63 - A1 Junction, Selby Road, Monk Fryston, North Yorkshire, LS25 5JE (Selby District Council *) was dismissed 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

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

What the Inspector cited

Development plan policies: SP2SP3SP11SP18SP19ENV1ENV15
National Planning Policy Framework: Paragraph 137Paragraph 138Paragraph 147
Judgments: 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

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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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.