The Ferns, Tithe Barn Lane, Bardsey, Leeds, LS17 9DX

Planning appeal 3282622 at The Ferns, Tithe Barn Lane, Bardsey, Leeds, LS17 9DX (Leeds City Council) was dismissed on 10 March 2022 by Inspector Robbie G, by written representations. The main issue, as the Inspector framed it: Whether the proposed development constitutes permitted development under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015, specifically whether the building is reasonably necessary for the purposes of agriculture within an agricultural unit of at least 5 hectares.

Single storey agricultural building

Authority: Leeds City Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: agricultural · Minor general industry/storage/warehousing
Inspector: Robbie G
Postcode: LS17 9DX

Main issues, as the Inspector framed them

Whether the proposed development constitutes permitted development under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015, specifically whether the building is reasonably necessary for the purposes of agriculture within an agricultural unit of at least 5 hectares

What decided it

The presence of an extant permission for a stable building and existing equestrian use within the holding created sufficient uncertainty as to whether an agricultural unit of at least 5 hectares would be retained, preventing the Inspector from concluding the proposal met the Class A threshold requirement.

What the Inspector cited

Judgments: Keenan v Working BC & SSCLG [2017] EWCA Civ 438; R (Marshall) v East Dorset DC & Pitman [2018] EWHC 226 (Admin); New World Payphones Ltd v Westminster City Council [2019] EWCA Civ 2250; R (Smolas) v Herefordshire Council [2021] EWHC 1663 (Admin)

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

57 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Leeds City Council

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

Dismissed27 October 20266012772
Lovell Park Hub, Wintoun Street, Leeds, LS7 1DA
Dismissed20 October 20266012588
Index House, 70 Burley Road, Leeds, LS3 1JX
Dismissed19 October 20266012022
5 Robins Grove, Rothwell, Leeds, LS26 0LE
Dismissed16 October 20266010100
Vacant Site, Ings Grove, Guiseley, LS20 9FR
Dismissed15 October 20266010414
Ground Floor, 106 Burley Road, Burley, Leeds, LS3 1JP

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.