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Notice varied and upheld1 August 20223286298

Land Comprising Field at 422441 474252, Ringbeck Road, Kirkby Malzeard, North Yorkshire, HG4 3QF

Planning appeal 3286298 at Land Comprising Field at 422441 474252, Ringbeck Road, Kirkby Malzeard, North Yorkshire, HG4 3QF (Harrogate Borough Council *) was allowed in part (a split decision) on 1 August 2022 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (material change of use to domestic allotment and siting of storage container) has occurred as a matter of fact.

Without planning permission the material change of use of the land to use of land as a domestic allotment and the siting of a storage container

Authority
Harrogate Borough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (material change of use to domestic allotment and siting of storage container) has occurred as a matter of fact
  • Whether the alleged matters constitute a breach of planning control
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach

What decided it

The horticultural use of the land falls within the statutory definition of agriculture and does not constitute a material change of use, whereas the storage container constitutes a building requiring planning permission that was not granted and cannot benefit from permitted development rights.

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.

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