®Planning appeal decision
The Courtyard, Swinton Grange, Swinton, North Yorkshire, YO17 6QR
erection of 2 detached self/custom build houses with associated landscaping
- Authority
- North Yorkshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Unwin N
Main issues, as the Inspector framed them
- Whether the proposal would satisfy the requirements of the statutory framework for biodiversity net gain
- Whether the site is suitable for the proposed development, having regard to relevant policies for the Council's spatial strategy
- Whether the proposed development would be isolated including from shops, services, and facilities
What decided it
The conflict with Policies SP1 and SP2 of the Local Plan and paragraph 187 of the Framework regarding biodiversity net gain, which combined carried substantial weight and significantly and demonstrably outweighed the identified benefits of housing delivery.
The benefits of two dwellings on previously developed land and limited economic benefits were significantly and demonstrably outweighed by the substantial weight of the conflict with spatial strategy policies and the statutory biodiversity net gain requirement.
Framework references: 187, 84, 83, 11
Plan policies cited: Policy SP1, Policy SP2, Policy SP19
Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610
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.