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Planning appeal decision

Notice upheld27 September 20243342267

29 Brook Lane, Ainthorpe, Whitby, YO21 2LB

Planning appeal 3342267 at 29 Brook Lane, Ainthorpe, Whitby, YO21 2LB (North York Moors) was dismissed on 27 September 2024 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the appellants have demonstrated that at the date the enforcement notice was issued, no enforcement action could be taken because the operational development was substantially completed on or before 14 March 2020.

Construction of a large timber shed and construction of a timber lean to extension

Authority
North York Moors
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Whitfield J
Postcode
YO21 2LB

Main issues, as the Inspector framed them

  • Whether the appellants have demonstrated that at the date the enforcement notice was issued, no enforcement action could be taken because the operational development was substantially completed on or before 14 March 2020

What decided it

The appellants failed to provide sufficiently precise and unambiguous evidence to demonstrate on the balance of probabilities that the operational development was substantially completed before the four-year enforcement time limit expired.

The decision letter

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More decisions in North York Moors

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

  1. Dismissed4 April 20253353299
    Beak Hill Farm, Chop Gate, Middlesbrough, TS9 7JJ
  2. Allowed26 March 20253354531
    Whin Covert, Riggs Head, Scarborough, North Yorkshire, YO12 5TG
  3. Allowed17 June 20243321210
    Haggit Howe Farm, Hawsker, Whitby, YO22 4JY
  4. Split Decision10 January 20233272453
    The Land at Silpho Brow Farm West, Silpho, Scarborough, YO13 0JP
  5. Notice upheld5 September 20223299638
    West View Farm, High Street, Lockton, Pickering, YO18 7QB

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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