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Planning appeal decision

Dismissed28 April 20223290420

7 Orchard Close, Monk Fryston, Leeds, North Yorkshire, LS25 5EY

Planning appeal 3290420 at 7 Orchard Close, Monk Fryston, Leeds, North Yorkshire, LS25 5EY (Selby District Council *) was dismissed on 28 April 2022 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the use of the land for storage of building materials and equipment has continued for a period of ten years or more prior to 29 November 2019 so as to be immune from enforcement action.

storage of building equipment and materials associated with business

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Merrett R
Postcode
LS25 5EY

Main issues, as the Inspector framed them

  • Whether the use of the land for storage of building materials and equipment has continued for a period of ten years or more prior to 29 November 2019 so as to be immune from enforcement action

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate, on the balance of probability, that the storage use had continued continuously across the entire site for the requisite ten-year period prior to the application date.

The decision letter

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More decisions in Selby District Council

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld6 June 20253350328
    Fulham Farm Cottage, Fulham Lane , Whitley , North Yorkshire , DN14 0JL
  2. Notice upheld10 April 20253346667
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  3. Notice upheld30 September 20243339189
    5 Wain Close, South Milford, Leeds, LS25 5AH
  4. Allowed3 September 20243338845
    Old Orchard Farm, Hillam Road, Gateforth, YO8 9LQ
  5. Dismissed11 December 20233316496
    Paddock Lodge, Airfield Lane, Acaster, Selby, North Yorkshire , YO23 2PW

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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