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Planning appeal decision

Notice upheld29 October 20243330303

Fulford Reach Moorings, Mooring 7, St Oswalds Road, York, North Yorkshire, YO10 4PF

Planning appeal 3330303 at Fulford Reach Moorings, Mooring 7, St Oswalds Road, York, North Yorkshire, YO10 4PF (City of York Council) was dismissed on 29 October 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred.

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
Postcode
YO10 4PF

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 decision letter

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More decisions in City of York Council

The authority’s record since 2016 · every decision in 2024

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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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