®Planning appeal decision
Land off Gateforth Lane, West Haddlesey, YO8 8PZ
erection of one dwelling (all matters reserved)
- Authority
- Selby District Council *
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Martinson P
Main issues, as the Inspector framed them
- whether the location of the proposed development would be acceptable, having regard to the development plan policies
- the effect of the proposed development on the character and appearance of the area
- whether the proposal would accord with national guidance with regard to flood risk
- the effect of the proposed development on protected wildlife species, specifically bats and nesting birds
What decided it
The proposal fails to accord with the development plan on four independent grounds—location outside development limits, harm to character and appearance, failure to satisfy the sequential flood risk test, and unresolved protected species impacts—and the Council's five-year housing land supply and limited economic benefits do not justify departure from the development plan.
The limited economic benefits and housing contribution of a single dwelling were outweighed by conflicts with the development plan and Framework regarding location, character and appearance, flood risk, and protected species.
Framework references: 79, 130, 159, 162, 167, 174, 180
Plan policies cited: Policy SP2, Policy SP15, Policy SP18, Policy SP19, Saved Policy ENV1
Judgments cited: Secretary of State for Communities and Local Government v Taylor Wimpey UK Ltd [2019] EWHC 3158; Wood v Secretary of State for Communities and Local Government [2015] EWCA Civ 195; Peel Investments v Secretary of State for Housing, Communities and Local Government [2020] EWCA Civ 1175
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.