®Planning appeal decision
Land Adjacent to Frodesley Lane , Frodesley, Shropshire, SY5 7QQ
Planning appeal 3238844 at Land Adjacent to Frodesley Lane , Frodesley, Shropshire, SY5 7QQ (Shropshire County Council) was allowed in part (a split decision) on 18 June 2021 by Inspector Curnow R, following an inquiry. The main issue, as the Inspector framed it: Ground (b) — whether the matters alleged in the Notice have occurred.
without planning permission, the change of use of the Land from a permitted agricultural use to a mixed use of agriculture and the storage of vehicles and vehicle body parts not associated with agriculture
- Authority
- Shropshire County Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Curnow R
- Postcode
- SY5 7QG
Main issues, as the Inspector framed them
- Ground (b) — whether the matters alleged in the Notice have occurred
- Ground (d) — whether, at the time the Notice was issued, no enforcement action could be taken because the use had become immune from enforcement
- Ground (f) — whether the steps required by the Notice exceed what is necessary to remedy the breach or injury to amenity
- Ground (g) — whether the period for compliance is reasonable
What decided it
The Appellant failed to demonstrate, on the balance of probability, that the mixed use of agriculture and vehicle/vehicle-parts storage had continued without a break of more than de minimis significance throughout the ten-year relevant period.
What the Inspector cited
- Judgments
- Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Shropshire
The authority’s record since 2016 · every decision in 2021
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- Notice upheld31 March 20263368306Land at Woodview , Newcastle on Clun, Shropshire, SY7 8PE
- Allowed30 March 20266003194Hengoed Fields, Upper Hengoed, Oswestry, Shropshire, SY10 7EY
- Notice upheld10 March 20263356617Caradoc Cottage, All Stretton, Church Stretton, SY6 7JN
- Planning permission granted30 December 20253333460Orchard Cottage, Ashford Carbonel, Ludlow, SY8 4BX
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.