®Planning appeal decision
Land off School Road, Hemingbrough, Selby, North Yorkshire, YO8 6AE
Residential Development (up to 40 Dwellings)
- Authority
- North Yorkshire Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Brooker M
Main issues, as the Inspector framed them
- Whether or not the proposal secures adequate provision of affordable housing
- Whether or not the appeal site is a suitable location for the proposed development with regards to the Council's Spatial Development Strategy for the District
- The effect of the proposal on the character and appearance of the area
- Whether there are any other material considerations which would justify the development being determined other than in accordance with the development plan
What decided it
The failure to secure adequate provision of affordable housing by any lawful and enforceable mechanism, contrary to Policy SP9 of the Core Strategy.
the benefits of delivering up to 40 dwellings and the absence of harm to character and appearance did not outweigh the conflict with the development plan arising from the failure to secure adequate affordable housing provision
Framework references: 56, 226
Plan policies cited: Policy SP9, Policy SP2, Policy SP13, Policy SP19, saved Policy ENV1, saved Policy RT2, saved policy CS6
Judgments cited: R (Zins) v East Suffolk Council and another [2020] EWHC 2969 (Admin); R (oao Skelmersdale Ltd Partnership) v West Lancashire Borough Council St Modwen Developments (Skelmersdale) Ltd (Interested Party) [2016] EWHC 109 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.