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Dismissed6 February 20253330009

Land Adjoining Friar's Way, R/O 34 Queen Street, Scarborough, North Yorkshire, YO11 1HN

Planning appeal 3330009 at Land Adjoining Friar's Way, R/O 34 Queen Street, Scarborough, North Yorkshire, YO11 1HN (Scarborough Borough Council *) was dismissed on 6 February 2025 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether planning permission 19/02420/FL has been lawfully commenced, such that the permission has not now lapsed, because the development has been begun pursuant to s56(2) of the 1990 Act, by the carrying out of a material operation.

lawful commencement of development pursuant to planning permission reference 19/02420/FL. Formal

Authority
Scarborough Borough Council *
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Merrett R
Postcode
YO11 1HN

Main issues, as the Inspector framed them

  • Whether planning permission 19/02420/FL has been lawfully commenced, such that the permission has not now lapsed, because the development has been begun pursuant to s56(2) of the 1990 Act, by the carrying out of a material operation

What decided it

No material operation sufficient to commence the development occurred within the three-year permission period, as the pegging out and preliminary steps were preparatory to the archaeological investigation rather than works of construction in the course of erecting a building.

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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.

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