®Planning appeal decision
Land at Roe Hill Farm, Sproatley Road, Thirtleby, East Riding of Yorkshire, HU11 4FD
Planning appeal 3291873 at Land at Roe Hill Farm, Sproatley Road, Thirtleby, East Riding of Yorkshire, HU11 4FD (East Riding of Yorkshire Council) was allowed in part (a split decision) on 15 May 2023 by Inspector Murray J, following a hearing. The main issue, as the Inspector framed it: Whether, having regard to national and local planning policy that seeks to avoid isolated new homes in the countryside, there is an essential need for a rural worker to live permanently at or near their place of work.
without planning permission the unauthorised erection of a dwelling house
- Authority
- East Riding of Yorkshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Murray J
- Postcode
- HU11 4FD
Main issues, as the Inspector framed them
- Whether, having regard to national and local planning policy that seeks to avoid isolated new homes in the countryside, there is an essential need for a rural worker to live permanently at or near their place of work
- The effect of the development on the character and appearance of the countryside, having regard to the size of the garden
- Whether the development constitutes intentional unauthorised development and, if so, the weight to be attached to that
What decided it
The Inspector's finding that there was an essential functional and financial need for a rural worker to live permanently at the site, satisfying Policy S4 and outweighing the limited weight given to the intentional unauthorised nature of the development.
The established essential need for a rural worker's dwelling and consequent accordance with Policy S4 and the development plan as a whole outweighed the limited weight attached to intentional unauthorised development and the limited conflict with Policy ENV3, so planning permission was granted on the deemed application.
What the Inspector cited
- Development plan policies
- Policy S4Policy ENV3LP Policies ENV1, EC4 and ENV6LP Policies ENV1 and 4
- Judgments
- Skerritts of Nottingham Ltd v SSETR (No. 2) [2002] EWCA Civ 5569; Barvis v SSE (1971) 22 P&CR 710
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in East Riding of Yorkshire Council
The authority’s record since 2016 · every decision in 2023
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- Notice varied and upheld28 July 20263361589Land South South East of Gibson Lane, Melton, East Riding of Yorkshire, HU14 3HN
- Quashed On Legal Grounds20 July 20263378211Land North of Level Crossing, (Station View Field) , Broomfleet, East Riding of Yorkshire, HU15 1RQ
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.