Planning appeal decision
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.
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