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Planning appeal decision

Split Decision12 October 20223285918

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

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.

Plan policies cited: Policy ENV6, Policy ENV1, Policy S4

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.