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Dismissed13 January 20233304072

Land off Gateforth Lane, West Haddlesey, YO8 8PZ

Planning appeal 3304072 at Land off Gateforth Lane, West Haddlesey, YO8 8PZ (Selby District Council *) was dismissed on 13 January 2023 by Inspector Martinson P, by written representations. The main issue, as the Inspector framed it: whether the location of the proposed development would be acceptable, having regard to the development plan policies.

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.

What the Inspector cited

Development plan policies
Policy SP2Policy SP15Policy SP18Policy SP19Saved Policy ENV1
National Planning Policy Framework
Paragraph 79Paragraph 130Paragraph 159Paragraph 162Paragraph 167Paragraph 174Paragraph 180
Judgments
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

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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More decisions in Selby District Council

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

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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.