# 18 Finden Gardens, Hampsthwaite

- **Decision:** allowed, 8 September 2026
- **Decided by:** Planning Inspector: A Caines
- **Authority:** North Yorkshire (Yorkshire and the Humber)
- **Appeal reference:** 6009197
- **Application reference:** 26/00434/FUL
- **Procedure:** written-representations
- **Development:** Two-bedroom two-storey detached self-build house in former side garden
- **Homes:** 1
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** S3, S4
- **Development plan policies:** Harrogate District Local Plan 2020 HP3, HP4
- **Main issues:** character and appearance, garden quality for occupiers
- **Tags:** tier-2, s4-approve, self-build, garden-infill, housing-shortfall, previous-appeal-followed, parties-consulted-on-2026-framework, small-scheme

## Summary
A self-build house in a corner side garden on a Hampsthwaite estate. Allowed. Following an earlier appeal finding of no character harm, the inspector found the character preserved. The shaded, awkward garden caused limited harm and conflict with HP4. Under S3/S4, with a significant supply shortfall, that did not substantially outweigh the combined benefits, which the inspector weighted substantially.

## What made the difference
The earlier inspector's finding on character, and the S4 threshold. A garden that is sub-optimal but usable is "limited" harm, which falls well short of substantially outweighing a new home in a settlement during a supply shortfall.

## Policy findings
- **S4: pass.** limited harm from shaded, awkward garden (82 m2) does not substantially outweigh benefits given significant supply shortfall (DL 22-27)
- **HO7: benefit (substantial weight).** benefits "taken together" (one home, shortfall, self-build, effective use of land) attract substantial weight (DL 25)
- **HLP HP4: conflict (limited weight).** garden quality falls short but usable (DL 12-16, 24)

## Key facts
- Previous appeal APP/E2734/W/20/3265492 found no character harm; given significant weight (DL 7)
- Council cannot show 5YHLS, "significant shortfall" (figure not stated) (DL 22)
- Self-build secured by unilateral undertaking; Council dropped third reason (DL 3)
- Parties commented on 17 Aug 2026 Framework (DL 2)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009197
- https://appeal-planning-decision.service.gov.uk/published-document/bd2dd30b-4d48-4e22-ad16-cc515bb9f7c2

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009197.html

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