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Quashed On Legal Grounds27 March 20243325439

17 Rudgate Park, Thorp Arch, Wetherby, LS23 7EJ

Planning appeal 3325439 at 17 Rudgate Park, Thorp Arch, Wetherby, LS23 7EJ (Leeds City Council) was decided (quashed on legal grounds) on 27 March 2024 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area.

retrospective change of use of green/open space to residential driveway and garden involving landscaping works including new hardstanding, fencing and creation of new vehicular accesses

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Madge M
Postcode
LS23 7EJ

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the area
  • Highway safety and accessibility

What decided it

The grassed areas formed part of the planning unit of the dwelling for incidental/ancillary residential purposes rather than public open space, and the hardstanding and fencing caused no significant visual harm to character and appearance or harm to highway safety and accessibility.

What the Inspector cited

Development plan policies
Policy P10Policy P12Policy G6Policy G9Policy EN5Policy T2Policy BE2Saved Policy GP5Saved Policy LD1Saved Policy N25Policy BD6Householder Design Guide policy HDG1Householder Design Guide policy HDG2

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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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.