Birchwood Lodge, Market Weighton Road, Barlby, Selby, YO8 5LE

erection of two buildings for use as E(g)(iii) industrial workshops following demolition of an existing building used for B8 storage without complying with a condition attached to planning permission Ref 2021/0349/FUL, dated 11 October 2021

Authority: North Yorkshire Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: employment-industrial · Minor offices/R&D/light industry
Inspector: Cross D

Main issues, as the Inspector framed them

Whether the disputed condition is reasonable and necessary, having regard to development plan policy and highway safety

What decided it

The disputed condition limiting the permission to a particular company is contrary to the Planning Practice Guidance and does not meet the test of reasonableness in paragraph 57 of the Framework, as Policy EMP9 relates to the redevelopment of business uses rather than specific businesses.

Framework references: 57

Plan policies cited: Policy EMP9, Policy SP2, Policy SP13

Read the decision letter on the Inspectorate’s site

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What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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