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Planning appeal decision

Notice upheld20 October 20233305930

The Old Dairy Church Street, Goldsborough, Knaresborough, HG5 8NR

Planning appeal 3305930 at The Old Dairy Church Street, Goldsborough, Knaresborough, HG5 8NR (Harrogate Borough Council *) was dismissed on 20 October 2023 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c).

Material change of use of the land to a commercial short-term holiday let accommodation

Authority
Harrogate Borough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Thompson F
Postcode
HG5 8NR

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • The effect of the use on the living conditions of neighbouring occupiers with particular regard to noise and disturbance (ground a)
  • Whether the period for compliance with the notice is reasonable (ground g)

What decided it

The transient pattern of occupancy and nature of short-term holiday lettings results in a materially different character of use from a dwellinghouse and causes material harm to neighbouring living conditions through noise and disturbance that cannot be adequately mitigated by conditions.

What the Inspector cited

Development plan policies
Policy EC7Policy HP4
Judgments
Sheila Moore v Secretary of State for Communities and Local Government [2012] EWCA Civ 1202

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 Harrogate Borough Council

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

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  3. Dismissed13 October 20233323566
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  4. Notice upheld25 September 20233309103
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  5. Dismissed24 July 20233320119
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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.