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Planning appeal decision

Dismissed29 May 20266005895

Birchlands, Lords Moor Lane, Strensall, York, YO32 5XF

detached house to the rear

Authority
City of York Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Caines A

Main issues, as the Inspector framed them

  • The effect of the development on the integrity of the Strensall Common Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI)

What decided it

The proposal results in a net increase in residential units within the 400 metre exclusion zone around Strensall Common SAC and SSSI, and adverse effects on the integrity of the site cannot be ruled out, contrary to Policy GI2a of the adopted Local Plan and paragraph 195 of the Framework.

The limited benefit of a single market dwelling and positive sustainability features were outweighed by the conflict with the development plan and the statutory protection afforded to the SAC and SSSI, with habitats protection providing a strong reason for refusal that overrides the presumption in favour of sustainable development.

Framework references: 11, 193, 195

Plan policies cited: Policy GI2, Policy GI2a, Policy DH1

Judgments cited: Mansell v Tonbridge and Malling Borough Council (2017)

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.