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Dismissed2 May 20233294193

The White Swan Inn, Low Street, Thornton Le Clay, York, YO60 7TG

Planning appeal 3294193 at The White Swan Inn, Low Street, Thornton Le Clay, York, YO60 7TG (Ryedale District Council *) was dismissed on 2 May 2023 by Inspector Williamson J, following a hearing. The main issue, as the Inspector framed it: whether the development would result in the unjustified loss of a community facility.

change of use of the public house to form 1 no. five bedroom dwellinghouse, alterations to the rear window configurations, erection of porch to front elevation and erection of three bay domestic garage with soft landscaping to front (part retrospective)

Authority
Ryedale District Council *
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
community-institutional · Change of use
Inspector
Williamson J
Postcode
YO60 7TG

Main issues, as the Inspector framed them

  • whether the development would result in the unjustified loss of a community facility
  • whether the associated operational development would compromise the operational requirements of the public house, thereby threatening its viability

What decided it

The Inspector was not persuaded that the White Swan had been shown to be no longer economically viable or that suitable and accessible alternatives existed, so the loss of the community facility was unjustified under Policy SP11.

the Inspector found conflict with Policy SP11 and the Framework and no other considerations were advanced by the appellants to outweigh this conflict, so the appeal was dismissed

What the Inspector cited

Development plan policies
Policy SP11Policy SP21
National Planning Policy Framework
Paragraph 48Paragraph 84Paragraph 92Paragraph 93
Judgments
Brooker v Unique Pub Properties Limited (2001) (Chancery Division Bristol District Registry Case No. BS002253)

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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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.