Land West of, Garden Lane, Sherburn, North Yorkshire, LS25 6AT

a residential development consisting of 66 dwellings, with associated landscaping and highways, demolition and off-site highways works

Authority: North Yorkshire Council
Appeal type: other · Planning Appeal
Procedure: Inquiry
Development: residential · Unknown
Inspector: Brooker M

Main issues, as the Inspector framed them

Whether the proposed development complies with saved Policy SL1 and Policy SP2 of the Development Plan.
If there is a conflict with the Development Plan, whether there are material considerations which would justify a grant of planning permission.

What decided it

The council's inability to demonstrate a five-year housing land supply (2.4 years) rendered the conflicting policies SL1 and SP2 out of date, engaging the tilted balance, and the benefits of the scheme (particularly 66 affordable homes) were found to outweigh the moderate harm from policy conflict.

The benefits of the appeal scheme (66 affordable homes, education and ecology contributions, and securing of connections to the safeguarded land) outweighed the moderate harm arising from conflict with Policies SL1 and SP2.

Framework references: 11, 149

Plan policies cited: Policy SL1, Policy SP2, Policy RT2

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

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.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.