®Planning appeal decision
Top Park, Top Road, Barnacle, Rugby, CV7 9LE
Planning appeal 3251933 at Top Park, Top Road, Barnacle, Rugby, CV7 9LE (Rugby Borough Council) was allowed in part (a split decision) on 23 May 2022 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notices are nullities.
i) Erection of fencing, gates and other structures ii) Removal of hedgerow to form an access
- Authority
- Rugby Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Freer P
- Postcode
- CV7 9FS
Main issues, as the Inspector framed them
- Whether the enforcement notices are nullities
- Whether Notice 2020/01 is valid and can be corrected without injustice
- Whether the appeal on ground (b) succeeds in relation to Notice 2020/01
- Whether the period for compliance specified in Notice 2020/01 falls short of what should reasonably be allowed (ground (g))
What decided it
Notice 2020/02 failed for want of reasonable certainty in its Council-approval-dependent requirements, while Notice 2020/01 was upheld because the appellants could not disprove the alleged breach and the substantial public interest in Green Belt protection outweighed their personal and Article 8 interests.
the substantial public interest in protecting the Green Belt and securing expeditious compliance, together with harm to character and appearance, outweighed the appellants' personal circumstances and rights under the HRA, save that the compliance period was extended to 31 October 2022 to allow grass reseeding in the autumn
What the Inspector cited
- Judgments
- Kaur v SSE & Greenwich LBC [1989] EGCS 142; [1990] JPL 814; Payne v NAW & Caerphilly CBC [2006] EWHC 597 (Admin); Oates v SoCLG and Canterbury [2017] EWHC 2716; Miller-Mead v MHL [1963] 2 WLR 225; Murfitt v SSE [1980] JPL598; Somak Travel v SSE [1987] JPL 630; Bowring v SSCLG [2015] WL 1651330; Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016} EWCA Civ 874
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 Rugby
The authority’s record since 2016 · every decision in 2022
- Notice varied and upheld14 May 20263377300Land Adjacent to White House Farm Industrial Estate, Oxford Road, Princethorpe, Rugby, Warwickshire, CV23 9QD
- Dismissed11 May 20266000671Bj House, Oxford Road, Ryton-on-Dunsmore, CV8 3EJ
- Notice varied and upheld7 May 20263348732The Chalet, Hinckley Road, Wolvey, LE10 3HQ
- Dismissed27 April 2026600188567 London Road, Dunsmore Heath, Stretton on Dunsmore, Warwickshire, CV23 9JB
- Notice upheld3 March 20263356878The Land at 97 Mckinnell Crescent, Rugby, Warwickshire , CV21 4AU
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.