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

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

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.

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