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Planning appeal decision

Notice upheld5 September 20223295203

Land at Broad Oak Farm, York Road, Sutton-On-The-Forest, York, YO61 1ER

Planning appeal 3295203 at Land at Broad Oak Farm, York Road, Sutton-On-The-Forest, York, YO61 1ER (Hambleton District Council *) was dismissed on 5 September 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the material change of use to the siting of five static caravans for residential use as employees accommodation occurred ten years or more before the enforcement notice was issued, such that no enforcement action could be taken.

the material change of use of the land to the siting of five static caravans for residential use as employees accommodation

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Phillips A
Postcode
YO61 1ER

Main issues, as the Inspector framed them

  • Whether the material change of use to the siting of five static caravans for residential use as employees accommodation occurred ten years or more before the enforcement notice was issued, such that no enforcement action could be taken

What decided it

The appellant failed to provide sufficient evidence on the balance of probabilities that all five static caravans had been on the site for the required ten-year period, as his own evidence indicated only four caravans predated September 2011, and corroborating evidence from aerial photographs and Council records was inconclusive or contradictory.

The decision letter

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More decisions in Hambleton District Council

The authority’s record since 2016 · every decision in 2022

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    Paddock House, Bagby, Thirsk, YO7 2PH
  2. Notice upheld24 April 20233299979
    Land at Thorpe Farm, Great Smeaton, Northallerton, North Yorkshire, DL6 2EZ
  3. Notice varied and upheld23 March 20233311618
    219A High Street, Northallerton, North Yorkshire, DL7 8LW
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    Bagby Airfield, Bagby, Thirsk, YO7 2PH
  5. Planning permission granted21 December 20223298638
    Land at the Airfield , Bagby, Thirsk, North Yorkshire, YO7 2PH

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.

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