®Planning appeal decision
Land Comprising Former Prisoner Of War Camp, Walshford Corner Cottages To Deighton Gates, Kirk Deighton, North Yorkshire, LS22 5FL
redevelopment of prisoner of war hostel and agricultural land, including the demolition structures, apart from existing water tower (to be retained) and the construction of three new dwellings and new access, with landscaping and associated works
- Authority
- North Yorkshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Nilsson A
Main issues, as the Inspector framed them
- Whether, having regard to development plan policy, the appeal site would be a suitable location for housing development having specific regard to the non-designated heritage asset
- The effect of the proposed development on the character and appearance of the area
- The effect of the proposed access on highway safety
What decided it
The inability to demonstrate that the visibility splays necessary for highway safety could be legally secured and maintained, as the required hedgerow removal lay outside the application boundary on potentially third-party land with no firm commitment to removal.
The benefits of housing delivery and economic contribution, weighted significantly, were outweighed by the combined significant weight of unacceptable highway safety harm and minor harm to character and appearance, assessed under the tilted balance of paragraph 11(d) of the Framework.
Framework references: 84, 11, 115
Plan policies cited: Policy GS2, Policy GS3, Policy HP2, Policy HP3, Policy NE4
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney (2018); Bernard Wheatcroft v Secretary of State for the Environment (1982)
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.