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Planning appeal decision

Quashed On Legal Grounds29 June 20213255529

The Land Situate and Known As Land Adjacent to 58 Beckett Road, Wheatley, Doncaster, DN2 4AJ

Planning appeal 3255529 at The Land Situate and Known As Land Adjacent to 58 Beckett Road, Wheatley, Doncaster, DN2 4AJ (Doncaster Metropolitan Borough Council) was decided (quashed on legal grounds) on 29 June 2021 by Inspector Madge M, following a hearing.

without planning permission a change of use of the land to an open air tyre storage facility

Authority
Doncaster Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Madge M
Postcode
DN2 4AJ

What decided it

The appellants proved on the balance of probability that the ancillary open-air tyre storage use had continued without material interruption for more than 10 years before the notice was issued, establishing immunity under ground (d).

What the Inspector cited

Judgments
Burdle v Secretary of State for the Environment [1972] 1 WLR 1207 (Div Court); Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568

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.

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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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