Land comprising field at 422441 474252, Ringbeck Road, Kirkby Malzeard, North Yorkshire, HG4 3QF

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.

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.