®Planning appeal decision
Old Quarry Potters Brook, Bay Horse, Lancaster, LA2 0HQ
Planning appeal 3298833 at Old Quarry Potters Brook, Bay Horse, Lancaster, LA2 0HQ (Wyre Borough Council) was dismissed on 27 March 2023 by Inspector Pleasant L, following a hearing. The main issue, as the Inspector framed it: whether the development is acceptable in principle in this location, having regard to local and national planning policies.
Without planning permission the material change in the use of the Land from use for the purposes of agriculture to a mixed use comprising use for the purposes of agriculture and use as a dwellinghouse of the building erected as a dwellinghouse on the Land in the approximate location shown shaded yellow on the attached plan ("the Dwellinghouse") and the use of parts of the Land shown shaded pink on the attached plan for purposes ancillary or incidental to the use of the Dwellinghouse as a dwellinghouse
- Authority
- Wyre Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Pleasant L
- Postcode
- LA2 0HQ
Main issues, as the Inspector framed them
- whether the development is acceptable in principle in this location, having regard to local and national planning policies
- the effect on the character and appearance of the area
- whether the requirements are excessive to achieve the purpose(s) of the notice
What decided it
The unsustainable, car-dependent location of the residential use, conflicting with the Council's settlement strategy, outweighed the finding of no harm to character and appearance and no other considerations justified departing from the development plan.
The absence of harm to character and appearance and other considerations raised (agricultural traffic needs, holiday-use fallback, PSED, Article 8 rights) did not outweigh the conflict with the development plan's settlement strategy, so the development plan prevailed and the appeal was dismissed.
What the Inspector cited
- Development plan policies
- Policy SP1Policy SP2Policy SP4Policy CDMP6Policy CDMP3Policy EP9Policy HP7
- National Planning Policy Framework
- Paragraph 55Paragraph 79Paragraph 80
- Judgments
- Braintree DC v SSCLG, Greyread Ltd & Granville Development Ltd [2018] EWCA Civ 610; Simpson v Secretary of State for Communities and Local Government and another [20110 EWHC 283 (Admin)
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 appliedThe 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.
With an account
What an account adds to this decision
More decisions in Wyre
The authority’s record since 2016 · every decision in 2023
- Notice varied and upheld13 February 20263372425Mayfield House, New Lane, Eagland Hill, Pilling, Lancashire, PR3 6BA
- Dismissed8 September 20253364788The Estuary Riverside Chalets , Wardleys Lane, Hambleton, Poulton, Lancashire, FY6 9DX
- Notice upheld25 April 20253344872Pad End Barn Pinfold Lane, Inskip, Preston, PR4 0UA
- Notice varied and upheld22 October 20243316124Land on the North Side of Crook Gate Lane, Out Rawcliffe, Preston, Lancashire, PR3 6TR
- Notice varied and upheld3 April 20243322003Helmsdeep Long Lane, Barnacre, Preston, PR3 1RN
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.