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Planning appeal decision

Dismissed30 January 20233310181

Land at Back Lane, Kirkby Malzeard, Ripon, HG4 3SR

Planning appeal 3310181 at Land at Back Lane, Kirkby Malzeard, Ripon, HG4 3SR (Harrogate Borough Council *) was dismissed on 30 January 2023 by Inspector Caines A, by written representations. The main issue, as the Inspector framed it: The effect on the landscape and scenic beauty of the Nidderdale Area of Outstanding Natural Beauty (AONB), and the public right of way (PROW) network.

change of use of land to form a holiday site comprising 3 holiday yurts with associated facilities, parking and access

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Caines A

Main issues, as the Inspector framed them

  • The effect on the landscape and scenic beauty of the Nidderdale Area of Outstanding Natural Beauty (AONB), and the public right of way (PROW) network
  • The effect on the living conditions of neighbouring residents, with particular regard to noise and disturbance
  • Whether the site is a suitable location for the proposed development with regards to development plan policy

What decided it

The unacceptable adverse impact on the landscape and scenic beauty of the AONB, combined with harm to neighbouring residents' living conditions through noise and disturbance, created significant conflict with the development plan that material considerations did not overcome.

What the Inspector cited

Development plan policies
Policy GS6 A)Policy HP3Policy HP5 A)Policy NE4Policy EC7 B)Policy HP4 C)Policy EC7 C)Policy EC7Policy N8
National Planning Policy Framework
Paragraph 176Paragraph 130Paragraph 85

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 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.