Foxs Croft, Thorncliffe, LEEK, ST13 7LP

the erection of a portal frame shed, the construction of a bound concrete hardstanding, and the provision of a hard surface with compacted plainings (“the Operations”); and, on completion of those “Operations”, the change of use on the land to a use for the purposes of keeping, maintaining, repairing and restoring machinery, vehicles and trailers (“the Use”)

Authority: Staffordshire Moorlands District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Phillips A

Main issues, as the Inspector framed them

the effect on the Public Right of Way (Tittesworth Parish No. 5) with particular reference to whether it protects and enhances it in the interests of providing access to open space and recreation
the effect of the development on the character and appearance of the area

What decided it

The absence of a distinct change of use, the curtilage status permitting the hardstanding as permitted development, and the finding of no harm to the public right of way or to the character and appearance of the area from the shed.

the potential fallback position for a permitted development outbuilding was found to hold little weight in the overall planning balance given the existing shed was already found not to cause harm to character and appearance

Plan policies cited: Policy SO1, Policy SS1, Policy SS2, Policy SS10, Policy DC1, Policy DC3

Judgments cited: Blackbushe Airport Ltd v Hampshire County Council and Secretary of State for Environment, Food and Rural Affairs [2021] EWCA Civ 398; Challenge Fencing Ltd v Secretary of State for Housing Communities and Local Government [2019] EWHC 553 (Admin); Malvern Hills District Council v Secretary of State for Housing, Communities and Local Government and another [2021] EWHC 129 (Admin)

Read the decision letter on the Inspectorate’s site

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.