®Planning appeal decision
Land off Carr House, to the north of Green Lane and the east of Station Road, YO13 9BL
the demolition of an agricultural barn and the erection of 19 dwellings together with the extension and conversion of the existing dwelling to form two houses, with associated access from and works to Green Lane, drainage and landscaping
- Authority
- North Yorkshire Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- McGlone A
Main issues, as the Inspector framed them
- whether the appeal site is in a suitable location, having regard to the development plan's spatial strategy
- whether the proposed development would provide safe and suitable access
- the effect of the proposed access, public open space, and layout on the character and appearance of the area
- whether sufficient information is available to ensure the proposed development delivers BNG
- whether the proposal would secure adequate affordable housing provision, and off-site play and sports facilities, and a health care contribution, having regard to viability
What decided it
The loss of irreplaceable habitat (the veteran Wych Elm tree, T4) without an adequate compensation strategy or accurate BNG baseline, engaging NPPF paragraph 193(c), which the Inspector found was not clearly outweighed by the public benefits.
the substantial harm from unsafe/unsuitable access, substantial harm to character and appearance, and very substantial harm from loss of irreplaceable habitat significantly and demonstrably outweighed the moderate benefits of housing delivery, affordable housing and economic benefits, even under the tilted balance, so the appeal was dismissed
Framework references: 11, 58, 61, 66, 73, 78, 110, 129, 135, 139, 187, 193
Plan policies cited: Policy HC 1, Policy HC 2, Policy HC 3, Policy HC 10, Policy HC 14, Policy INF 5, Policy DEC 1, Policy DEC 4, Policy ENV 5, Policy ENV 7, Policy SH 1
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.