®Planning appeal decision
Land at Marsh Close, Gowdall Lane, Snaith, East Riding of Yorkshire, DN14 0AA
Planning appeal 3285918 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, following a hearing. The main issue, as the Inspector framed it: Ground (b): whether the alleged breach of planning control (the mixed use) 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
- Hearing
- Development
- employment-industrial · Change of use
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Ground (b): whether the alleged breach of planning control (the mixed use) had occurred
- Ground (c): whether the matter alleged constitutes a breach of planning control
- Ground (a): whether planning permission should be granted for the mixed use, and if so on what conditions
- Ground (f): whether the steps required by the notice exceed what is necessary to remedy the breach or injury to amenity
- Ground (g): whether the time given to comply with the requirements is too short
What decided it
The main parties' agreement that the non-residential elements of the mixed use were acceptable subject to conditions, contrasted with the unlawful and voluntarily discontinued residential use which remained unacceptable.
The agreed acceptability of the non-residential mixed use, subject to conditions addressing flood risk, drainage, contamination, noise and amenity, was weighed against the unlawful residential use which had ceased and was not to be resumed; permission was granted for the former and refused for the latter.
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.
See how each was appliedThe 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.
With an account
What an account adds to this decision
More decisions in East Riding of Yorkshire Council
The authority’s record since 2016 · every decision in 2022
- Allowed26 October 20266011665Land Rear of 187 Marton Gate, Bridlington, YO15 1DP
- Allowed7 October 20266012230Aggreforce Limited, Mill Lane, Sandholme, HU15 2FP
- Dismissed29 September 20263375085Land and Building East of Manor House Farm, 1 Lockington Road, Lund, East Riding of Yorkshire, YO25 9TG
- Allowed14 August 20263364422West Garth, Main Street, Brigham, East Riding of Yorkshire, YO25 8JW
- Allowed5 August 20263360762Cliff House Farm Garthend Lane, Cowden, Hull, HU11 4UN
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.