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Dismissed9 February 20233306214

The Henry Jenkins Inn, Main Street, Kirkby Malzeard, HG4 3RY

Planning appeal 3306214 at The Henry Jenkins Inn, Main Street, Kirkby Malzeard, HG4 3RY (Harrogate Borough Council *) was dismissed on 9 February 2023 by Inspector Wyborn D, following a hearing. The main issue, as the Inspector framed it: Whether or not there is a reasonable prospect of the public house use continuing on a viable basis and, if not, whether or not there is a reasonable prospect of securing a viable satisfactory alternative community use.

the conversion of former Henry Jenkins public house with flat above to dwelling

Authority
Harrogate Borough Council *
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
community-institutional · Change of use
Inspector
Wyborn D
Postcode
HG4 3RY

Main issues, as the Inspector framed them

  • Whether or not there is a reasonable prospect of the public house use continuing on a viable basis and, if not, whether or not there is a reasonable prospect of securing a viable satisfactory alternative community use.

What decided it

The absence of an independent valuation meant it had not been demonstrated that all options for continuing the public house use had been fully explored, so the requirements of Policy HP8 criterion C were not met.

The limited visual and living-condition benefits of converting the building to a dwelling were outweighed by the conflict with Local Plan Policies HP8 and GS6 protecting the community facility and AONB interests.

What the Inspector cited

Development plan policies
Policy HP8Policy GS6

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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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.