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Planning appeal decision

Dismissed17 August 20233316000

Land to the South of Prospect Cottages, Husthwaite, North Yorkshire, YO61 4PT

Planning appeal 3316000 at Land to the South of Prospect Cottages, Husthwaite, North Yorkshire, YO61 4PT (Hambleton District Council *) was dismissed on 17 August 2023 by Inspector Brook S, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon the size, scale, role and function of the settlement.

Demolition of existing building, and outline permission for the erection of up to 22 dwellings with all matters reserved except access

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Brook S
Postcode
YO61 4PT

Main issues, as the Inspector framed them

  • the effect of the proposed development upon the size, scale, role and function of the settlement
  • the effect of the proposed development upon the character and appearance of the area, with particular regard to the Husthwaite Conservation Area and the setting of listed buildings
  • whether the development can provide a policy compliant net gain in biodiversity

What decided it

The less than substantial harm to the character and appearance of the area and the significance of the Husthwaite Conservation Area, which was not outweighed by the public benefits of the proposal, resulted in conflict with LP Policy E5 and the NPPF.

the public benefits of housing delivery, economic benefits, affordable housing provision, and biodiversity net gain did not outweigh the less than substantial harm to the character and appearance of the area and the significance of the Husthwaite Conservation Area

What the Inspector cited

Development plan policies
Policy S3Policy HG5Policy E5Policy E3
National Planning Policy Framework
Paragraph 195Paragraph 202

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 Hambleton District Council

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

  1. Notice upheld10 June 20243318058
    Paddock House, Bagby, Thirsk, YO7 2PH
  2. Dismissed23 April 20243317454
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  3. Allowed2 April 20243317426
    Land off - Stainthorpe Row (Os Field 7434), South Otterington, North Yorkshire , DL7 9HU
  4. Dismissed27 March 20243295409
    Dromonby Bridge Farm, Busby Lane , Kirkby in Cleveland , North Yorkshire , TS9 7AP
  5. Dismissed22 March 20243320264
    Bagby Grange, Bagby, Thirsk, North Yorkshire, YO7 2AE

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.