®Planning appeal decision
Land at Roe Hill Farm, Sproatley Road, Thirtleby, East Riding of Yorkshire, HU11 4FD
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
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.
Plan policies cited: Policy S4, Policy ENV3, LP Policies ENV1, EC4 and ENV6, LP Policies ENV1 and 4
Judgments cited: Skerritts of Nottingham Ltd v SSETR (No. 2) [2002] EWCA Civ 5569; Barvis v SSE (1971) 22 P&CR 710
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.