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Planning appeal decision

Quashed On Legal Grounds5 December 20243334207

Butterwick Alpaca Retreat, Boynton Lane, Butterwick, YO17 6PS

‘Use of the agricultural enterprise with alpaca trekking and the erection of a general purpose agricultural barn and kennel (retrospective)’. Appeal

Authority
North Yorkshire Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
agricultural · Minor traveller and caravan pitches
Inspector
Willows P

Main issues, as the Inspector framed them

  • The effect of the alpaca use and the kennel on the character of the area.
  • Whether the roads and access leading to the site are satisfactory for the proposed use.
  • Whether the barn is justified and in accordance with local and national policies relating to flood risk and development in the countryside.
  • Whether any harm is outweighed by other considerations sufficient to justify the developments.

What decided it

The alpaca use was allowed because its limited, condition-controlled scale caused no demonstrable harm, while the barn and kennel were dismissed respectively for failing the flood risk sequential test and for lacking any lawful residential use to justify a standalone structure in the countryside.

For the alpaca use, the absence of demonstrated harm and modest benefits supported allowing the appeal; for the barn and kennel, the flood risk and rural character conflicts with the development plan were not outweighed by the limited benefits or justification put forward, so those elements were dismissed.

Plan policies cited: Policy SP13, Policy SP20, Policy SP1, Policy SP17, Policy SP9

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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.