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Planning appeal decision

Dismissed2 May 20233294193

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

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

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

Framework references: 48, 84, 92, 93

Plan policies cited: Policy SP11, Policy SP21

Judgments cited: Brooker v Unique Pub Properties Limited (2001) (Chancery Division Bristol District Registry Case No. BS002253)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.