®Planning appeal decision
Land off Old Vicarage Lane, Monk Fryston, West Yorkshire, LS25 5EA
a new dwelling with access off Old Vicarage Lane
- Authority
- North Yorkshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Mayes C
Main issues, as the Inspector framed them
- Whether the proposed development meets statutory Biodiversity Net Gain (BNG) requirements, having regard to the claimed self-build exemption
What decided it
The failure to secure a legally binding planning obligation before the decision to demonstrate self-build status meant the statutory BNG exemption could not be applied, resulting in a conflict with development plan policies that could not be overcome by the limited housing benefits.
The limited benefits of a single dwelling to housing supply, even in the context of the Council's 2.6 years housing land supply, are significantly and demonstrably outweighed by the conflict with development plan policies on biodiversity net gain; the presumption in favour of sustainable development does not apply.
Framework references: 11
Plan policies cited: Policy ENV1 of the Selby District Local Plan, February 2005, Policy SP18 of the Selby District Core Strategy Local Plan, October 2013
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.