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Planning appeal decision

Dismissed27 February 20263362021

Amblers Farm, Whinnythwaite Lane, Tockwith, YORK, North Yorkshire, YO26 7RJ

Authority
North Yorkshire Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Harbottle M

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawful use or development was well founded, turning on whether the building operation of the erection of the outbuilding would have been lawful if it had begun on the date of the application

What decided it

The office area within the proposed outbuilding was found to be disproportionate to the household's reasonable requirements, demonstrating that a significantly smaller building would suffice, thereby failing to meet the test that the building be incidental to the enjoyment of the dwellinghouse.

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.