The Secretary of State has upheld York City Council’s decision to refuse planning permission for a large scale residential development in the York Green Belt. The decision is important given that the precise extent of York’s Green Belt has yet to be defined, the only applicable development plan policies (being contained in the Yorkshire and Humber Plan Regional Spatial Strategy) only serving to identify the general extent of the Green Belt rather than its defined boundaries. The Appellant argued that the site was not in the Green Belt, but this was rejected by the Inspector and the Secretary of State, both of whom concluded that there was no reason not to apply Green Belt policy unless or until an adopted Local Plan defines the long-term Green Belt boundary. The appeal was rejected on the basis that the proposal would constitute inappropriate development in the Green Belt and that there were no very special circumstances to justify the grant of permission.
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Robert Walton acted for York City Council.