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Planning appeal decision

Quashed On Legal Grounds16 September 20223223863

Plot 2, Quarry Farm, , Cricklade Road,, South Cerney, Cirencester, Gloucestershire, GL7 5QE

Planning appeal 3223863 at Plot 2, Quarry Farm, , Cricklade Road,, South Cerney, Cirencester, Gloucestershire, GL7 5QE (Cotswold District Council) was decided (quashed on legal grounds) on 16 September 2022 by Inspector Hand S, following an inquiry. The main issue, as the Inspector framed it: Whether, as alleged in the notice, a dwellinghouse was erected on the land, or whether a badminton court building was constructed and brought into use before a material change of use to a dwelling took place (ground (b)).

Enforcement appeals against notices alleging (Appeals A/B) the erection of a dwellinghouse without planning permission and (Appeals C/D) the change of use of agricultural land to residential curtilage and erection of an outbuilding at Pear Tree House

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Householder developments
Inspector
Hand S
Postcode
GL7 5QE

Main issues, as the Inspector framed them

  • Whether, as alleged in the notice, a dwellinghouse was erected on the land, or whether a badminton court building was constructed and brought into use before a material change of use to a dwelling took place (ground (b))
  • Whether planning permission should be granted for the change of use of agricultural land to residential land and the erection of the outbuilding at Pear Tree House

What decided it

The Inspector's factual finding, on the balance of probabilities, that a badminton court was built and used before being materially changed to a dwelling, meaning the enforcement notice's allegation of erecting a dwellinghouse was incorrect.

The decision letter

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More decisions in Cotswold

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld10 January 20243319671
    Land at Barn, West End Farm, Poole Keynes, Cirencester, GL7 6EG
  2. Notice upheld21 December 20233311035
    Land at 'Caravan', Draycott Road, Blockley, Moreton-In-Marsh, Gloucestershire, GL56 9DY
  3. Dismissed15 December 20233324272
    Gable Lands, Main Road, Oddington, Moreton In Marsh, GL56 0UP
  4. Notice varied and upheld16 August 20233299840
    Fayre Court, Milton Street, Fairford, Gloucestershire, GL7 4BN
  5. Notice upheld24 July 20233301911
    Middle Hill Farm, Saintbury, Broadway, Gloucestershire, WR12 7PX

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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