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Planning appeal decision

Notice varied and upheld24 October 20243342036

2 Sunnybank, Newall With Clifton, Otley, LS21 2HA

Planning appeal 3342036 at 2 Sunnybank, Newall With Clifton, Otley, LS21 2HA (Harrogate Borough Council *) was allowed in part (a split decision) on 24 October 2024 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (Ground c).

the unauthorised material change of use of the land to domestic garden

Authority
Harrogate Borough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Franks Z
Postcode
LS21 2HA

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (Ground c)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (Ground f)
  • Whether the period for compliance is reasonable (Ground g)

What decided it

The appellant's acceptance of the material change of use combined with failure to prove it was not a breach, and the need to maintain the enforcement notice's full remedial purpose without the ability to assess planning merits of any variation.

The decision letter

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The authority’s record since 2016 · every decision in 2024

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  5. Dismissed23 August 20223298892
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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