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Notice varied and upheld15 September 20223290690

Laurel Lodge, Airfield Lane, Acaster Malbis, York, YO23 2PW

Planning appeal 3290690 at Laurel Lodge, Airfield Lane, Acaster Malbis, York, YO23 2PW (Selby District Council *) was allowed in part (a split decision) on 15 September 2022 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: Whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies.

Without planning permission, the carrying out of building and operational development and specifically the erection of a single storey dwelling, a car port/ garden store, creation of hardstanding including patio and paved areas, internal access road, gate and brick pillars, free standing light poles/lamp post and the erection of boundary fencing along with internal fencing on the Land

Authority
Selby District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies
  • The effect of the development on the openness of the Green Belt
  • The effect of the development on the character and appearance of the surrounding area.
  • Whether the development can be regarded as in a sustainable location.
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development.

What decided it

The net benefit to the openness of the Green Belt and the significant improvement to character and appearance (compared with the former piggery buildings) clearly outweighed the harm from inappropriateness, establishing very special circumstances for Appeal A, whereas Paddock Lodge's lack of substantial completion and absence of a ground (a) appeal meant Appeals C and D failed.

the harm by way of inappropriateness (substantial weight) and limited harm from the countryside location were clearly outweighed by the significant weight given to the net benefit to openness and the significant improvement in character and appearance, establishing very special circumstances in favour of Appeal A

What the Inspector cited

Development plan policies
Policy SP2Policy SP3Policy SP18Policy SP19Saved Policy ENV1
National Planning Policy Framework
Paragraph 137Paragraph 138Paragraph 147Paragraph 149Paragraph 150
Judgments
Sage v SSETR & Maidstone BC [2003] UKHL 22; Turner v SSCLG & East Dorset Council [2016]

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 applied

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
    1A West End, Ulleskelf, Tadcaster, LS24 9DL
  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. Dismissed17 April 20243322188
    Land to the Rear of The Lodge, 23 Selby Road, Riccall, Selby, YO19 6QP

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.