Coney Cottage, Main Street, Westow, YO60 7NE

alteration and extension of existing detached outbuilding to form a one bedroom self-contained residential annex without complying with a condition attached to planning permission Ref 18/00647/FUL dated 12 September 2018

Authority: North Yorkshire Council
Appeal type: Planning
Procedure: Written
Development: residential
Postcode: YO60 7NE

Main issues, as the Inspector framed them

Whether the appeal can be dealt with under Section 73A of the Town and Country Planning Act 1990 given the conflict between the proposed variation to Condition 3 and the operative part of the original planning permission

What decided it

The proposed variation to Condition 3 would conflict with the operative part of the original planning permission, placing it beyond the powers of Section 73A, which does not permit amendments that alter the description of development.

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