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Split Decision12 October 20223285707

Land at Marsh Close, Gowdall Lane, Snaith, East Riding of Yorkshire, DN14 0AA

Planning appeal 3285707 at Land at Marsh Close, Gowdall Lane, Snaith, East Riding of Yorkshire, DN14 0AA (East Riding of Yorkshire Council) was allowed in part (a split decision) on 12 October 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control had occurred.

material change of use of land to a mixed use of residential, storage and distribution, vehicle maintenance, adaptation and repair and retail

Authority
East Riding of Yorkshire Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control had occurred
  • Whether the matter alleged constitutes a breach of planning control
  • Whether planning permission should be granted for the unauthorised mixed use
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach or injury to amenity
  • Whether the time given to comply with the requirements is too short

What decided it

The agreement between the main parties that the mixed use for storage and distribution, vehicle maintenance, adaptation and repair and retail (excluding residential use) was acceptable subject to conditions, combined with the cessation of the unauthorised residential use, allowed the Inspector to grant conditional planning permission for the non-residential elements while upholding the enforcement notice for the residential component.

What the Inspector cited

Development plan policies
Policy ENV6Policy ENV1Policy S4

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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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.