®Planning appeal decision
California Fields York Road, Barmby Moor, YORK, YO42 4HT
- Authority
- East Riding of Yorkshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- other · Change of use
- Inspector
- Freer P
Main issues, as the Inspector framed them
- whether the mixed use alleged in the notice is appropriate in this location
- the effect of the development on the character and appearance of the area
- whether the provisions for drainage are adequate
What decided it
The scale and extent of the harm to character, appearance and drainage across most of the site outweighed the appellant's personal circumstances for a permanent permission, but on a reduced area the appellant's Article 8 rights and health circumstances justified a temporary personal permission.
the serious harm to character and appearance and inadequate drainage provisions outweighed the appellant's personal circumstances and HRA rights in respect of a full or whole-site permission, but for a smaller, defined area the substantially reduced (though not overcome) harm was outweighed by the interference with the appellant's Article 8 rights, justifying a temporary personal permission
Framework references: 80, 92
Plan policies cited: Policy S4, Policy ENV1, Policy ENV6
Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Gravesham BC v SSE & O'Brien [1983] JPL 306; Deakin v Secretary of State [2006] EWHC 3402 (Admin); Burford v SSCLG [2017] EWHC 1493 (Admin); Challenge Fencing Ltd. v SSHCLG [2019] EWHC 553 (Admin); Emin v Secretary of State for the Environment [1989] J.P.L. 909; Davies v SSE & South Herefordshire DC [1989] JPL 601
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.