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Dismissed7 March 20233308236

Land South Of The Parade,, The Parade, Moor Road,, Filey, YO14 9GA

Planning appeal 3308236 at Land South Of The Parade,, The Parade, Moor Road,, Filey, YO14 9GA (Scarborough Borough Council *) was dismissed on 7 March 2023 by Inspector Wilson L, by written representations. The main issue, as the Inspector framed it: The effect that varying the condition would have on biodiversity.

development of 55 holiday homes with associated landscaping without complying with a condition attached to planning permission Ref 20/02207/FLA, dated 5 March 2021

Authority
Scarborough Borough Council *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Wilson L
Postcode
YO14 9GA

Main issues, as the Inspector framed them

  • The effect that varying the condition would have on biodiversity
  • The effect that varying the condition would have on the character and appearance of the undeveloped coastline
  • The effect that varying the condition would have on public access to nature

What decided it

The variation of the condition would reduce overall biodiversity by removing required habitat management areas, contrary to Policy ENV5 and NPPF Chapter 15 requirements to enhance species and habitats, and this harm outweighed the limited economic and amenity benefits.

What the Inspector cited

Development plan policies
Policy ENV5
National Planning Policy Framework
Paragraph 15Paragraph 174Paragraph 180

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 Scarborough Borough Council

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

  1. Dismissed5 July 20233310165
    2 Britannia Drive, Moor Road, Filey, North Yorkshire, YO14 9GX
  2. Allowed22 February 20233307687
    Land South of 36 Discovery Way , Moor Road , Filey , YO14 9FH
  3. Dismissed13 February 20233302462
    Land at Sands Road, Sands Road, Hunmanby, N Yorks, YO14 9QW
  4. Dismissed26 January 20233304553
    Land West of 20 Discovery Way, Moor Road, Filey, YO14 9GY
  5. Dismissed26 January 20233303810
    Land South of the Discovery Way, The Parade, More Road, Filey, YO14 9GA

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.