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Planning appeal decision

Notice upheld10 June 20243318058

Paddock House, Bagby, Thirsk, YO7 2PH

Planning appeal 3318058 at Paddock House, Bagby, Thirsk, YO7 2PH (Hambleton District Council *) was dismissed on 10 June 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether a material change of use of the land from agriculture to a builder's storage yard had taken place for a continuous ten year period and hence is lawful by virtue of section 171B(3) of the Act.

without planning permission, the material change of use of the land from use for agriculture to a builder’s storage yard

Authority
Hambleton District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hartley D
Postcode
YO7 2PH

Main issues, as the Inspector framed them

  • Whether a material change of use of the land from agriculture to a builder's storage yard had taken place for a continuous ten year period and hence is lawful by virtue of section 171B(3) of the Act
  • Whether the period specified in the enforcement notice for compliance falls short of what should reasonably be allowed

What decided it

The appellant failed to prove on the balance of probabilities that a material change of use of the land to a builder's storage yard had occurred continuously for ten years, as the evidence showed the land was primarily agricultural in summer 2021 with only intermittent storage activity prior to that date.

The decision letter

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More decisions in Hambleton District Council

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld24 April 20233299979
    Land at Thorpe Farm, Great Smeaton, Northallerton, North Yorkshire, DL6 2EZ
  2. Notice varied and upheld23 March 20233311618
    219A High Street, Northallerton, North Yorkshire, DL7 8LW
  3. Planning permission granted21 December 20223301099
    Bagby Airfield, Bagby, Thirsk, YO7 2PH
  4. Planning permission granted21 December 20223298638
    Land at the Airfield , Bagby, Thirsk, North Yorkshire, YO7 2PH
  5. Notice upheld5 September 20223295203
    Land at Broad Oak Farm, York Road, Sutton-On-The-Forest, York, YO61 1ER

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.

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