Ghyll Syke Barn, Bell Busk, Skipton, North Yorkshire, BD23 4DU

without planning permission, the carrying out of building and operational development, specifically the erection of a new dwelling on the land

Authority: North Yorkshire Council
Appeal type: minor · Enforcement Notice
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Hitchcock R

Main issues, as the Inspector framed them

whether or not the development meets the Council's adopted strategy for the sustainable distribution of development
the effect on the character and appearance of the locality
the effect on biodiversity

What decided it

The Council's inability to demonstrate a five-year housing land supply (only 2.2 years available) engaged the presumption in favour of sustainable development under paragraph 11d of the Framework, which outweighed the conflict with the spatial strategy policies.

The adverse impacts of granting permission (conflict with spatial strategy and sustainable transport policy) were outweighed by the benefits of housing delivery and the presumption in favour of sustainable development arising from the five-year housing land supply shortfall, particularly given the site planning history and consistency with previously consented schemes.

Framework references: 11d

Plan policies cited: Policy SP4, Policy INF7, Policy ENV1, Policy ENV3, Policy ENV4

Judgments cited: Hibbitt v SSCLG & Rushcliffe BC [2016] EWHC 2853 (Admin)

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.

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