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Planning appeal decision

Invalid15 September 20213243181

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

Planning appeal 3243181 at Land at Leeds Road, Lofthouse, Wakefield, WF3 3LR (Leeds City Council) was decided (invalid) on 15 September 2021 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity by reason of ambiguity and uncertainty in the allegation and requirements.

Material change of use of the land to a mixed use as a café building and land where commercial/industrial uses are taking place and the erection of storage containers, portable cabins, caravans, a canopy structure, outdoor storage and boundary fencing and gates

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Whitfield J
Postcode
WF3 3LR

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.

What the Inspector cited

Judgments
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]

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 applied

The decision letter

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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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