®Planning appeal decision
Lower Wild Boar Barn (Known As Cottage), Rawcliffe Road, St. Michaels, Preston, PR3 0UH
Planning appeal 3256803 at Lower Wild Boar Barn (Known As Cottage), Rawcliffe Road, St. Michaels, Preston, PR3 0UH (Wyre Borough Council) was decided (quashed on legal grounds) on 13 June 2022 by Inspector Madge M, following an inquiry. The main issue, as the Inspector framed it: whether the development constitutes an acceptable form of development with regard to the provisions of local and national policy in respect of the development's location, flood risk and the character and appearance of the countryside.
Deemed application for the residential use of the land, the erection of a wooden store to house a gas storage tank, and the laying out and construction of a means of access onto the highway and a driveway
- Authority
- Wyre Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Madge M
- Postcode
- PR3 0UH
Main issues, as the Inspector framed them
- whether the development constitutes an acceptable form of development with regard to the provisions of local and national policy in respect of the development's location, flood risk and the character and appearance of the countryside
- if the development is not acceptable, whether any harm would be outweighed by other considerations
What decided it
The substantial completion of the building and gas storage tank before the material date rendered them immune from enforcement, and the resulting permanency of the building outweighed the conflict with countryside location policies on the deemed planning application.
The conflict with Policies SP1, SP4 and CDMP2 was outweighed by the permanency of the building, the risk of dereliction and reduced visual quality arising from a nil use, the benefit of maintaining the building through continued residential use, and the absence of any alternative lawful use for the building.
What the Inspector cited
- Development plan policies
- Policy SP1Policy SP4Policy CDMP2Policy CDMP3
- Judgments
- Welwyn Hatfield Council v SSCLG [2011] UKSC 15 2 AC 304; Sage v SSETR & Maidstone BC [2003] UKHL 22
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
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With an account
What an account adds to this decision
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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.