®Planning appeal decision
Allowed20 March 20263350869
Greenacres Garth , Green Lane, Cliffe near SELBY, NORTH YORKSHIRE, YO8 6PG
a single use class C3 dwellinghouse, gardens and access with no restrictive conditions
- Authority
- North Yorkshire Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant an LDC was well founded with regard to whether the evidence demonstrates, on the balance of probability, that on the date of the LDC application, and owing to the passage of time, the dwellinghouse positioned and constructed on the appeal land deviated sufficiently from the 1991 Permission to the extent that it and its associated land was lawfully a C3 dwellinghouse (including a lawful access from the A63 Trunk Road and a C3 dwellinghouse curtilage) and unencumbered from the restrictions imposed by the conditions imposed in the 1991 Permission
What decided it
The dwellinghouse and associated land had been in continuous use for more than ten years, making the development immune from enforcement action under section 171(B) of the Act, notwithstanding the material deviation from the approved plans.
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.