Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed1 November 20233297054

Cherry Tree Cottage, Millfield Lane, Nether Poppleton, York, YO26 6NX

Planning appeal 3297054 at Cherry Tree Cottage, Millfield Lane, Nether Poppleton, York, YO26 6NX (City of York Council) was dismissed on 1 November 2023 by Inspector Cullen F, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a Lawful Development Certificate was well founded, turning on whether the appellant has demonstrated on the balance of probabilities that the proposed erection of workshop/woodstore, potting shed and boundary fencing and construction of swimming pool would constitute permitted development by virtue of the provisions of the GPDO and would therefore be lawful.

Erection of workshop/woodstore, potting shed and boundary fencing and construction of swimming pool

Authority
City of York Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Cullen F
Postcode
YO26 6NX

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a Lawful Development Certificate was well founded, turning on whether the appellant has demonstrated on the balance of probabilities that the proposed erection of workshop/woodstore, potting shed and boundary fencing and construction of swimming pool would constitute permitted development by virtue of the provisions of the GPDO and would therefore be lawful

What decided it

The land in Areas 1 and 3 where the proposed development would be located was not so intimately associated with Cherry Tree Cottage as to form part and parcel of the dwelling, having regard to spatial and visual separation, disproportionate size, and the degree of association required by law.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

35 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in City of York Council

The authority’s record since 2016 · every decision in 2023

  1. Allowed26 October 20266010725
    Agricultural Building, Moor Lane, Skelton, YO32 2RE
  2. Allowed21 October 20266014240
    14 Howard Drive, Rawcliffe, York, YO30 5XB
  3. Dismissed21 October 20266012211
    5 Linden Grove, York, YO30 6NX
  4. Allowed16 October 20266011765
    Hall Farm, Strensall Road, York, YO32 9SW
  5. Dismissed13 October 20266009484
    York Sports Club, Shipton Road, York, YO30 5RE

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.