®Planning appeal decision
Stonehaven, Heyshaw Road, Heyshaw, North Yorkshire, HG3 4HD
- Authority
- North Yorkshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- agricultural · Minor Dwellings
- Inspector
- Veevers A
Main issues, as the Inspector framed them
- The main issue in this appeal is whether condition 5 of the Outline Permission remains necessary and enforceable, having regard to the local and national policies which seek to restrict housing development in the countryside and the need for rural workers dwellings in the local area.
What decided it
The condition was found to be currently unenforceable due to the Certificate of Lawfulness and unlikely to become enforceable again, so it failed the necessary test for planning conditions in paragraph 56 of the Framework.
The conflict with development plan policies restricting countryside housing did not justify retaining a condition that failed the enforceability test, so the decision was made other than in accordance with the development plan and the appeal was allowed.
Framework references: 56, 84, 182
Plan policies cited: Policy GS1, Policy GS2, Policy GS3, Policy HS9
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.