®Planning appeal decision
California Fields York Road, Barmby Moor, York, YO42 4HT
Planning appeal 3308911 at California Fields York Road, Barmby Moor, York, YO42 4HT (East Riding of Yorkshire Council) was allowed in part (a split decision) on 11 September 2023 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: whether the mixed use alleged in the notice is appropriate in this location.
Unauthorised material change of use of agricultural land to a mixed use comprising the siting of a static caravan for residential use and open air storage, and the laying of hardstanding to facilitate the change of use
- Authority
- East Riding of Yorkshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- other · Change of use
- Inspector
- Freer P
- Postcode
- YO42 4HT
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
What the Inspector cited
- Development plan policies
- Policy S4Policy ENV1Policy ENV6
- National Planning Policy Framework
- Paragraph 80Paragraph 92
- Judgments
- 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
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.