Elvington Airfield judgement upheld by High Court

2 Aug 2013 @ 5.13 pm
| News

 
Issued by City of York Council

City of York Council is welcoming a decision made by the High Court which supported the authority’s judgement to serve an enforcement notice on Elvington Airfield in October 2008.

The enforcement notice was served against Elvington Park Limited’s unauthorised motorsport activity at the airfield, which was upheld by the appeal inspector in 2009 in response to noise complaints from local residents from events held there.

Following a two-year process, Elvington Park Limited’s appeal against the Planning Inspector’s decision to the High Court was finally brought to conclusion this week (Tuesday 30 July) when their appeal was dismissed – subject to only minor amendments to the Enforcement Notice.

The decision confirmed that there was a breach of planning control, as alleged in the notice – meaning that a permanent and material change of use of the land took place to a use comprising materially more noisy and more frequent motor vehicle – without planning permission.

Over a two-year period, the High Court passed this back to the Secretary of State in 2011, with the opinion that the Enforcement Notice should be amended to take account of the lawful use rights under a 1993 planning permission for an advanced driver training school. The court dismissed all the other grounds of appeal.

This week, the notice was slightly amended by the Planning Inspectorate to make it clear that the use permitted under the 1993 planning permission for an advanced driver training school can continue and is not affected by the requirements of the notice.

It was also confirmed that subject to a previous minor variation, the notice is upheld and the appeal dismissed.

Jonathan Carr, head of development at City of York Council, said: “It took us a long time to get to this stage and we’re pleased with the decision that’s been made by the High Court.

“It confirms that Elvington Airfield was in breech of their planning permission and that we were right to take the action we did.

“This decision will ensure that no authorised motorsport activity can take place at the airfield and will protects residents living in this area from noise nuisance.”

Cllr Dave Merrett, Cabinet Member for Transport, Planning and Sustainability, said: “I’m pleased that the courts have upheld the essential aspects of our enforcement notice aimed at protecting local residents from the unacceptable consequences of the unauthorised use of this site.”

 


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