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Notice varied and upheld28 February 20223284871

Mister C's, Fish And Chips, 61 - 63 Micklegate, Selby, North Yorkshire, YO8 4EA

Planning appeal 3284871 at Mister C's, Fish And Chips, 61 - 63 Micklegate, Selby, North Yorkshire, YO8 4EA (Selby District Council *) was allowed in part (a split decision) on 28 February 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the works comprising two retractable awnings/canopies preserve the Grade II listed building, or any features of special architectural or historic interest which it possesses.

Physical attachment of 2 No. retractable awnings/canopies to the façade of a Grade II listed building

Authority
Selby District Council *
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Phillips A
Postcode
YO8 4EA

Main issues, as the Inspector framed them

  • Whether the works comprising two retractable awnings/canopies preserve the Grade II listed building, or any features of special architectural or historic interest which it possesses
  • Whether the period specified in the enforcement notice for compliance is reasonable

What decided it

The visual prominence and physical damage caused by the awnings to the special architectural and historic interest of the Grade II listed building, combined with the absence of clear evidence that business viability depends on their retention, means the harm cannot be justified and is not outweighed by public benefits.

What the Inspector cited

Development plan policies
Policy ENV24 of the Selby District Local Plan – Part 1 General Policies Adopted February 2005Policy SP18 of the Selby District Core Strategy Local Plan Adopted Version 22 October 2013Policy SP19 of the Selby District Core Strategy Local Plan Adopted Version 22 October 2013
National Planning Policy Framework
Paragraph 199Paragraph 200Paragraph 201Paragraph 202

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

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More decisions in Selby District Council

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

  1. Notice varied and upheld6 June 20253350328
    Fulham Farm Cottage, Fulham Lane , Whitley , North Yorkshire , DN14 0JL
  2. Notice upheld10 April 20253346667
    1A West End, Ulleskelf, Tadcaster, LS24 9DL
  3. Notice upheld30 September 20243339189
    5 Wain Close, South Milford, Leeds, LS25 5AH
  4. Allowed3 September 20243338845
    Old Orchard Farm, Hillam Road, Gateforth, YO8 9LQ
  5. Dismissed11 December 20233316496
    Paddock Lodge, Airfield Lane, Acaster, Selby, North Yorkshire , YO23 2PW

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.