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Planning appeal decision

Dismissed19 June 20253359331

The Smallways Inn, Smallways, RICHMOND, North Yorkshire, DL11 7QW

demolition of the existing public house and the erection of 9no. dwellings, together with landscaping and associated works

Authority
North Yorkshire Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Cowley R

Main issues, as the Inspector framed them

  • Whether the appeal site provides a suitable location for the development, with regard to the Council's spatial strategy
  • The effect of the proposal on the character and appearance of the area
  • The effect of the proposal on ecology, including protected species, and whether it would provide a biodiversity net gain (BNG)
  • Whether the proposed surface water drainage measures are acceptable, with particular regard to the surface water drainage hierarchy

What decided it

The cumulative harm arising from the unsuitable location contrary to the spatial strategy, the detrimental effect on character and appearance of the rural area, and the failure to demonstrate the proposal would not adversely affect great crested newts significantly and demonstrably outweighed the benefits of housing delivery and biodiversity net gain.

The significant weight afforded to housing delivery (2.8-year supply) and the modest benefits of reusing previously developed land, temporary economic boost and biodiversity net gain were significantly and demonstrably outweighed by the significant weight given to the harm from locating isolated homes in the countryside contrary to the spatial strategy, the detrimental effect on rural character and appearance, and the unresolved adverse effect on great crested newts.

Framework references: 84, 11

Plan policies cited: Policy SP1, Policy SP2, Policy SP3, Policy SP4, Policy CP2, Policy CP3, Policy CP4, Policy CP8, Policy CP12, Policy CP13

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.