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Dismissed2 May 20243330369

Pasture Farm, Main Street, Deighton, North Yorkshire, YO19 6HD

Planning appeal 3330369 at Pasture Farm, Main Street, Deighton, North Yorkshire, YO19 6HD (City of York Council) was dismissed on 2 May 2024 by Inspector Wilkinson F, by written representations. The main issue, as the Inspector framed it: Whether the condition in dispute can be varied, having regard to the Act and other material considerations, including the Finney judgement.

the erection of 1 no. single storey dwelling and 1no. single storey dwelling following conversion and connection of 2no. barns without complying with a condition attached to planning permission Ref 21/02437/FUL, dated 14 April 2022

Authority
City of York Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Wilkinson F
Postcode
YO19 6HD

Main issues, as the Inspector framed them

  • Whether the condition in dispute can be varied, having regard to the Act and other material considerations, including the Finney judgement

What decided it

The proposed variations would change the dwelling from single storey to one and a half storey, thereby altering the operative part of the original permission rather than merely varying a condition, which is beyond the scope of section 73 of the Town and Country Planning Act 1990.

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.

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