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Dismissed7 February 20243323742

Chapel Field , Marton Cum Grafton, YO51 9QJ

Planning appeal 3323742 at Chapel Field , Marton Cum Grafton, YO51 9QJ (Harrogate Borough Council *) was dismissed on 7 February 2024 by Inspector Heward H, following a hearing. The main issue, as the Inspector framed it: Whether the proposal would amount to Self-build or Custom Housing.

Two self-build residential dwellings (Use Class C3) with detached garages, associated access, parking and landscaping

Authority
Harrogate Borough Council *
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Heward H

Main issues, as the Inspector framed them

  • Whether the proposal would amount to Self-build or Custom Housing
  • Whether the proposed development would preserve or enhance the character and appearance of the CA
  • The effect of the proposed development on trees protected by the TPO

What decided it

The less than substantial harm to the significance of the Conservation Area, attracting great weight, was not outweighed by the limited public benefits of the scheme.

limited positive weight for the permissive path and for biodiversity net gain did not outweigh the considerable importance and great weight attached to the less than substantial harm to the significance of the Conservation Area

What the Inspector cited

Development plan policies
Policy GS2Policy GS3Policy HP2Policy HP3Policy NE3Policy NE4Policy NE7
National Planning Policy Framework
Paragraph 63Paragraph 70Paragraph 186Paragraph 205Paragraph 206Paragraph 207
Judgments
Wheatcroft; Holborn Studios Ltd v The Council of the London Borough of Hackney (2018)

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.

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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.