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Quashed On Legal Grounds21 October 20223297365

West Croft, Day Ash Lane, Darley, Harrogate, HG3 2QR

Planning appeal 3297365 at West Croft, Day Ash Lane, Darley, Harrogate, HG3 2QR (Harrogate Borough Council *) was decided (quashed on legal grounds) on 21 October 2022 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: The effect that the dwelling, as built, has on the character and appearance of the site and the surrounding area.

Erection of a replacement dwelling otherwise than in accordance with the plans approved under permission 15/02361/FUL

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hainsworth D
Postcode
HG3 2QR

Main issues, as the Inspector framed them

  • The effect that the dwelling, as built, has on the character and appearance of the site and the surrounding area

What decided it

The fallback position of completing the dwelling in accordance with the original permission, combined with the professional assessment that differences between the dwelling as built and as approved would have negligible or minor landscape and visual impact, meant the breach did not justify enforcement action.

What the Inspector cited

Development plan policies
Policy GS6Policy NE4Policy HS7Policy HP3Policy HS8
National Planning Policy Framework
Paragraph 126Paragraph 127Paragraph 128Paragraph 129Paragraph 130Paragraph 131Paragraph 132Paragraph 133Paragraph 134Paragraph 174Paragraph 176

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.