Planning appeal decision
Cow Close, Thirlby, Thirsk, YO7 2DJ
Planning appeal 3331184 at Cow Close, Thirlby, Thirsk, YO7 2DJ (North Yorkshire County Council *) was allowed on 3 September 2024 by Inspector Renaudon L, by written representations. The main issue, as the Inspector framed it: Whether the allegation in the enforcement notice is correct: has the stable building been converted into an independent residential dwellinghouse, or is it in the same use as the main house and remaining within the same planning unit?.
Without planning permission, the material change of use of a stable building to a residential dwelling
- Authority
- North Yorkshire County Council *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Renaudon L
- Postcode
- YO7 2DJ
Main issues, as the Inspector framed them
- Whether the allegation in the enforcement notice is correct: has the stable building been converted into an independent residential dwellinghouse, or is it in the same use as the main house and remaining within the same planning unit?
- Whether, if the use of the building differs from the Council's allegation, the notice could be corrected without causing injustice to either party, and if the notice survives, whether the allegation discloses a breach of planning control
- Whether the steps required by the notice exceed what is reasonably needed to bring any breach of planning control to an end, and whether those requirements should be varied
What decided it
The building was not being used as an independent dwellinghouse but rather as overspill residential accommodation within a single planning unit, so the enforcement notice's allegation was factually incorrect and the notice was quashed on ground (b).
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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