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Planning appeal decision

Dismissed11 December 20233316496

Paddock Lodge, Airfield Lane, Acaster, Selby, North Yorkshire , YO23 2PW

Planning appeal 3316496 at Paddock Lodge, Airfield Lane, Acaster, Selby, North Yorkshire , YO23 2PW (Selby District Council *) was dismissed on 11 December 2023 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well founded.

Creation of a dwelling

Authority
Selby District Council *
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Harbottle M
Postcode
YO23 2PW

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawful use or development was well founded

What decided it

The appellants' evidence was not sufficiently precise and unambiguous to demonstrate that the dwelling was substantially completed on or before 10 August 2022, and significant further works would have been necessary before the building could be occupied residentially.

What the Inspector cited

Judgments
Sage v SSETR & Maidstone BC [2003] UKHL 22; [2003] JPL 1299

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 Selby District Council

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

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    Fulham Farm Cottage, Fulham Lane , Whitley , North Yorkshire , DN14 0JL
  2. Notice upheld10 April 20253346667
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    5 Wain Close, South Milford, Leeds, LS25 5AH
  4. Allowed3 September 20243338845
    Old Orchard Farm, Hillam Road, Gateforth, YO8 9LQ
  5. Planning permission granted29 November 20233320400
    Dunelm Farm King Rudding Lane, Riccall, York, YO19 6QL

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.