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Planning appeal decision

Invalid15 September 20213243181

Land at Leeds Road, Lofthouse, Wakefield, WF3 3LR

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Whitfield J

Main issues, as the Inspector framed them

  • Whether the enforcement notice is a nullity by reason of ambiguity and uncertainty in the allegation and requirements

What decided it

The enforcement notice's allegation and requirements were so ambiguous and uncertain that the recipient could not tell with reasonable certainty what they had done wrong or what was required to remedy it, rendering the notice a nullity.

Judgments cited: Miller-Mead v MHLG [1963] 2 WLR 225; Oates v SSCLG v Canterbury CC [2018] EWCA Civ 2229; R(oao) East Sussex CC v SSCLG [2009]

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.