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Planning appeal decision

Planning permission granted29 November 20233320400

Dunelm Farm King Rudding Lane, Riccall, York, YO19 6QL

Planning appeal 3320400 at Dunelm Farm King Rudding Lane, Riccall, York, YO19 6QL (Selby District Council *) was allowed on 29 November 2023 by Inspector Renaudon L, by written representations. The main issue, as the Inspector framed it: Whether the change of use of the land and/or erection of the timber cabin dwelling had occurred long enough ago to prevent successful enforcement action (ground d).

Without planning permission, the change of use of land from agricultural to residential use including the erection of a timber cabin dwelling with an associated domestic curtilage including a domestic amenity area, laying of hard standing turning and parking areas, and the siting of a storage container for domestic storage

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Renaudon L
Postcode
YO19 6QL

Main issues, as the Inspector framed them

  • Whether the change of use of the land and/or erection of the timber cabin dwelling had occurred long enough ago to prevent successful enforcement action (ground d)
  • Whether the cabin dwelling would meet the criteria to be an acceptable replacement dwelling under Policy H13, and whether the removal of the twin-unit caravan could be secured by enforceable planning condition (ground a)
  • Whether the notice stipulates a reasonable period of time to comply with its requirements (ground g)

What decided it

The cabin dwelling met Policy H13 replacement dwelling criteria and could be secured by an enforceable condition requiring its demolition if the existing caravan site residential use continued or resumed, thereby achieving the policy's objective of limiting residential development in open countryside.

What the Inspector cited

Development plan policies
Policy H13Policy SP2

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

  1. Notice varied and upheld6 June 20253350328
    Fulham Farm Cottage, Fulham Lane , Whitley , North Yorkshire , DN14 0JL
  2. Notice upheld10 April 20253346667
    1A West End, Ulleskelf, Tadcaster, LS24 9DL
  3. Notice upheld30 September 20243339189
    5 Wain Close, South Milford, Leeds, LS25 5AH
  4. Allowed3 September 20243338845
    Old Orchard Farm, Hillam Road, Gateforth, YO8 9LQ
  5. Dismissed11 December 20233316496
    Paddock Lodge, Airfield Lane, Acaster, Selby, North Yorkshire , YO23 2PW

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.