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Planning appeal decision

Notice varied and upheld28 February 20223284871

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

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

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.

Framework references: 199, 200, 201, 202

Plan policies cited: Policy ENV24 of the Selby District Local Plan – Part 1 General Policies Adopted February 2005, Policy SP18 of the Selby District Core Strategy Local Plan Adopted Version 22 October 2013, Policy SP19 of the Selby District Core Strategy Local Plan Adopted Version 22 October 2013

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.