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Planning appeal decision

Planning permission granted3 September 20243331184

Cow Close, Thirlby, THIRSK, YO7 2DJ

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.