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Mr M Scott, Bagby Airfield, Bagby, Thirsk, North - Hambleton District ...

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(1) Without planning permission the unauthorised operational development<br />

comprising the construction of the aircraft hanger as shown edged blue and<br />

identified as hanger E on the attached plan.<br />

(2) Without planning permission the unauthorised operational development<br />

comprising the concreting of the apron to aircraft hanger E as shown edged<br />

green on the attached plan.<br />

(3) Without planning permission the unauthorised operational development<br />

comprising the concreting of the apron to the aircraft hanger marked A as shown<br />

edged pink on the attached plan.<br />

(4) Without planning permission the unauthorised operational development<br />

comprising the concreting of part of the main east west runway as shown edged<br />

yellow on the attached plan<br />

(5) Without planning permission the unauthorised engineering<br />

works/operational development comprising the installation of plastic geo-textile<br />

matting on the main east west runway as shown edged orange on the attached<br />

plan.<br />

311. The appeal was made on Grounds A, C, F and G. The appeal under<br />

Ground A for items (3) and (5) failed as the period for payment of the fee lapsed.<br />

Whilst a further application was made in respect of the matters alleged in the<br />

Enforcement Notice the Ground A appeal can not be revived.<br />

312. The Ground A appeal<br />

313. The Ground A appeal seeking the grant of planning permission in respect of<br />

all 5 breaches raises all the same issues for both the appellant and the Local<br />

Planning Authority as the appeal against the refusal of planning permission for<br />

the two 2009 applications and the 2010 application. The reason for the issue of<br />

the Enforcement Notice relates to the same issues as set out planning decision<br />

regarding a loss of amenity to local residents. No additional evidence is<br />

considered necessary beyond that set out in the earlier part of this Proof of<br />

Evidence.<br />

314. The Ground C appeal<br />

315. Section 57 (1) of the Planning Act requires planning permission for<br />

development. Section 55 defines “development” including at Section 55 (1)<br />

“development” means the carrying out of building, engineering, mining or other<br />

operations in, on, over or under land, or the making of any material change in the<br />

use of any buildings or other land<br />

<strong>Hambleton</strong> <strong>District</strong> Council - Tim Wood – Proof of Evidence - 68 -

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