®Planning appeal decision
Notice upheld29 October 20243330303
Fulford Reach Moorings, Mooring 7, St Oswalds Road, York, North Yorkshire, YO10 4PF
without planning permission unauthorised change of use to residential use and without planning permission unauthorised development including the erections of structures, sheds, a shepherd’s hut and fencing over 1 metre
- Authority
- City of York Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice have occurred
- Whether those matters constitute a breach of planning control
- Whether at the date the notice was issued, no enforcement action could be taken due to immunity from enforcement
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control
What decided it
The land was being used intensively and extensively for residential purposes, which constituted a material change of use not authorised by the 1973 permission for boat moorings, and the appellant failed to demonstrate immunity from enforcement action.
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.