®Planning appeal decision
Foxs Croft, Thorncliffe, Leek, ST13 7LP
Planning appeal 3244823 at Foxs Croft, Thorncliffe, Leek, ST13 7LP (Staffordshire Moorlands District Council) was decided (quashed on legal grounds) on 12 January 2023 by Inspector Phillips A, following an inquiry. The main issue, as the Inspector framed it: 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 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”)
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Phillips A
- Postcode
- ST13 7LP
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
What the Inspector cited
- Development plan policies
- Policy SO1Policy SS1Policy SS2Policy SS10Policy DC1Policy DC3
- Judgments
- 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)
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 Staffordshire Moorlands
The authority’s record since 2016 · every decision in 2023
- Quashed On Legal Grounds21 August 20263377456Sprinks Farm, Blackwood House Lane, Horton, Leek, Staffordshire, ST13 8QE
- Notice upheld13 August 20263371728The Land to the East of Ross Road, Staffordshire , ST10 2JF
- Notice upheld9 July 20263357672158 Bagnall Road, Stoke-on-Trent, ST2 7LW
- Quashed On Legal Grounds15 June 2026335696957 Ostlers Lane, Cheddleton, Leek, ST13 7HS
- Dismissed18 May 20263375459Land to the North of Eaves Lane, Armshead, Staffordshire, ST2 8LY
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.