Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed7 April 20263373425

Land To South Of Bramble Court , Sherburn In Elmet, North Yorkshire, LS25 6ND

the erection of a dwelling including access (all other matters reserved)

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

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area
  • Whether the proposed dwelling would provide acceptable living conditions for future occupiers, and the development's effect on living conditions for neighbouring residents
  • Whether the proposed access arrangements would be safe and otherwise acceptable
  • Whether the development would make an appropriate provision in respect of Biodiversity Net Gain

What decided it

The substantial and enduring harm to character and appearance, living conditions, access safety, and biodiversity net gain requirements significantly and demonstrably outweighed the modest benefits of housing delivery in the context of the tilted balance.

The modest social and economic benefits of providing one dwelling in a sustainable location were significantly and demonstrably outweighed by substantial harm to character and appearance, inadequate living conditions for occupiers, undemonstrated safe access, and failure to provide biodiversity net gain, such that the proposal did not amount to sustainable development under the Framework's tilted balance test.

Framework references: 11, 115, 117, 135, 187

Plan policies cited: Saved Policy ENV1 of the 2005 Selby District Local Plan, Policy SP4 of the 2013 Selby District Core Strategy, Policy SP19 of the 2013 Selby District Core Strategy, Policy T1 of the Selby District Local Plan

Judgments cited: Pilkington v SSE & Lancashire CC [1973] 26 P&CR 508

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.