®Planning appeal decision
Lodge Farm Bungalow, Wistow Lordship, Selby, North Yorkshire, YO8 3RS
the erection of a bungalow to replace existing farmhouse without complying with a condition attached to planning permission Ref: 8/36/31/PA, dated 27 October 1976
- Authority
- North Yorkshire Council
- Appeal type
- householder · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Householder developments
- Inspector
- Dowsett J
Main issues, as the Inspector framed them
- Whether the appeal site is a suitable location for residential development having regard to the development plan and access to shops, services, employment opportunities, and other facilities
- Whether the disputed condition is necessary in order to provide a dwelling for a rural worker to live at or near their place of work
What decided it
Sustained and genuine marketing of the property failed to find a purchaser meeting the agricultural occupancy condition, rendering the condition no longer necessary, and this outweighed the identified conflict with Policy SP2 on locational sustainability.
the conflict with Policy SP2 of the development plan was outweighed by the material considerations of boosting housing supply and the Framework's and Policy SP2's support for the re-use of existing buildings
Framework references: 55, 84
Plan policies cited: Policy SP2
Judgments cited: Braintree District Council v Secretary of State for Communities and Local Government, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610; Shortt v Secretary of State for Communities and Local Government [2015] EWCA Civ 1192
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.