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Planning appeal decision

Notice varied and upheld16 November 20233305909

Land at Fell End Chapel, Kirkby Stephen, Ravenstonedale, CA17 4LP

Planning appeal 3305909 at Land at Fell End Chapel, Kirkby Stephen, Ravenstonedale, CA17 4LP (Yorkshire Dales) was allowed in part (a split decision) on 16 November 2023 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: whether Condition 2 is reasonable in the interests of defining the extent of the Permission.

failure to comply with a condition imposed on planning permission ref E/12/69 granted on 12 February 2021

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hitchcock R
Postcode
CA17 4LP

Main issues, as the Inspector framed them

  • whether Condition 2 is reasonable in the interests of defining the extent of the Permission
  • the effect that removing or varying the condition to encompass the alleged breaches of Condition 2 and/or the unauthorised works would have on the character and appearance of the locality, the historic environment, highway safety and the statutory purpose of the Yorkshire Dales National Park

What decided it

The nature and extent of the unauthorised engineering works caused significant adverse change to the rural character and landscape setting of the former chapel in a National Park of the highest protection, conflicting with development plan policies and statutory purposes.

What the Inspector cited

Development plan policies
Policy ENV2Policy ENV10Policy RUR3Policy UENDP1
National Planning Policy Framework
Paragraph 56Paragraph 177

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 Yorkshire Dales

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

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  2. Notice upheld14 April 20253347048
    Moorcock Inn, Garsdale, Sedbergh, LA10 5PU
  3. Notice varied and upheld24 February 20253329563
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  4. Notice varied and upheld6 February 20253346989
    Old Dairy Barn, Rigg End , Newbiggin on Lune, Kirkby Stephen, Cumbria, CA17 4NB
  5. Notice varied and upheld7 October 20223289795
    Land at 59 Main Street, Sedbergh, LA10 5AB

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.