®Planning appeal decision
O.S. Field No. 6125, Park Farm, Brockfield, Warthill, York, YO19 5XJ
details of the construction of two agricultural workers dwellings without complying with a condition attached to planning permission Ref 3/142/13/PA, dated 6 April 1976
- Authority
- North Yorkshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Moulton E
Main issues, as the Inspector framed them
- whether or not condition 2 remains enforceable, reasonable and necessary, insofar as it relates to Wisteria Rise, having regard to local and national policies which seek to restrict housing development in the open countryside.
What decided it
The existence of the CLEUD, which meant the disputed occupancy condition was not currently enforceable and had no real prospect of becoming enforceable again, outweighed the identified conflict with LP Policy SP21.
the material consideration of the condition's unenforceability (arising from the CLEUD fallback position) outweighed the harm from the identified conflict with LP Policy SP21
Framework references: 56
Plan policies cited: Policy SP21
Judgments cited: R (Ocado Retail Ltd) v Islington LBC [2021] EWHC 1509 (Admin)
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.